Supply Contracts Research Articles

Contract for the purchase and sale: legal aspects

The article is devoted to the particularities of the contract for the purchase and sale. The authors draw attention to a number of aspects of legal regulation that are insufficiently researched and definitely debatable, which are primarily related to the definition of the range of essential conditions of the contract for the purchase and sale. The authors also made an attempt to establish separate problems of legal regulation of the contract for the purchase and sale. The article analyzes the signs of the contract for the purchase and sale, reveals the content of this type of contracts, pays attention to the legal nature of the contract for the purchase and sale, examines the complex and multifaceted issues related to the subject of the contract for the purchase and sale in modern conditions of the development of civil law. The subject of the contract for the purchase and sale is recognized by law as an essential condition for all types of contracts. The subject matter can be any property that the seller has at the time of the conclusion of the contract, property rights and “future things” (ie, property that will be created by the seller in the future). Attention is drawn to the fact that the contract for the purchase and sale is consensual, bilateral (mutual), retaliatory by its legal characteristics. The authors draw attention to the types of the contract for the purchase and sale. Certain types of the contract for the purchase and sale include retail sales contract, goods supply contract, goods supply contract for state needs, contract for contracting agricultural products, energy supply contract, real estate sale contract, mine contract. The article also defines the peculiarity of the contract for the purchase and sale, which is that the specified contract is the main regulator of relations between producers and consumers, legal relations in the field of distribution and redistribution of material goods, ensuring the free and optimal development of all forms of ownership, entrepreneurship and trade. The norms of the Civil Code of Ukraine, which regulate the investigated issues, were analyzed.

Activating Istisna'a in Islamic banks to finance housing for people with limited income - the case of Jordan

This study aims to demonstrate the effectiveness of an Istisna’a contract in financing the housing sector for low-income people in Jordan and attempts to activate this formula in Islamic banks. The contribution to the provision of housing is considered a crucial social service. The study introduces Islamic financial banks and provides a definition of Istisna’a. A qualitative research method was used, collecting information from books, reports, journals, newspapers, and websites. The results of the study highlight the significant economic importance of the Istisna’a contract as a key driver of economic activity, including commercial, industrial, and agricultural sectors. The Istisna’a formula is regarded as one of the best banking methods that is compatible with supply contracts. While the survey results only reflect the study sample, there is a moderate potential to activate Istisna’a for financing low-income housing in Jordan through Jordanian Islamic banks. The study population comprises all 384 workers in Jordanian Islamic banks for the 2019 academic year.

Is Plain Legal Language Easy to Translate?

This article examines two machine translations of the same English contract (contract of supply) made using DeepL Pro in March 2022 and March 2023. The contract was used in my practice as a legal translator trainer. It proved easy to understand but difficult to translate into Polish, where plain legal language is much less developed than in English. The history of plain language in the UK, the US and Poland is briefly presented. The analysis of features of plain English covers: expressions from general language when mixed with legal or technical language, the pronoun you referring to one party to the contract, and other features, like active voice and short sentences. Additionally, renditions of expressions denoting obligation or permission are analysed separately as an important element of contracts. The conclusion is that pronoun you in this context constituted a major source of difficulty and was translated in many ways. The translations are also uneven in terms of register (formal legal language vs language of instructions) or forms of address (degree of politeness), which would make post-editing them demanding. Other problems that a post-editor would face include terminological inconsistency and increased number of nominalizations compared to source text. The active voice or length of sentences are unproblematic in MT. Both legal translators and MT providers should refer to existing plain Polish contracts for solutions.

Farmer–buyer relationships and sustainable agricultural practices in the food supply chain: The case of vegetables in Chile

AbstractThis study investigates how the relationship between farmers and buyers affects the adoption of sustainable agricultural practices (SAPs) in the vegetable sector in Chile. Specifically, we focus on the dyadic relationships between farmers and different types of buyers, including besides lead firms, intermediaries, and wholesalers, which have received little attention in the scientific literature. Our analysis focuses on formal and informal contracts as governance forms between farmers and buyers, and explores the correlation between contract provisions (e.g., quality, quantity, and the provision of services), relationship attributes (i.e., satisfaction, trust, and opportunism) and adoption of SAPs. We gathered survey data from 352 vegetable farmers in Chile and employed analysis of variance and logit modeling for our analysis. Our findings indicate that small‐scale farmers primarily engage with intermediaries using informal contracts, while medium‐scale farmers trade with wholesalers through spot markets, and large‐scale farmers with lead firms using formal contracts. We also found that farmers who traded through informal contracts, mainly with intermediaries, reported greater satisfaction in the farmer‐buyer relationship than farmers trading through formal contracts. However, farmers engaging in informal contracts were less likely to adopt SAPs than farmers trading through formal contracts. Our results suggest that the governance form (contracts or spot market) adopted for the relationship between farmers and buyers influences the adoption of SAPs, while the impact of relationship attributes on SAP adoption is less clear. A deeper understanding of buyers and their relationship with farmers is essential to enhance policies encouraging SAP adoption in regional and local fresh food supply chains. [EconLit Citations: Q13, Q15, Q56].

A Question-Answering Model Based on Knowledge Graphs for the General Provisions of Equipment Purchase Orders for Steel Plants Maintenance

Recently, equipment replacement and maintenance repair and operation (MRO) optimization have substantially increased owing to the aging and deterioration of industrial plants, such as steel-making factories in Korea. Therefore, plant owners are required to quickly review equipment supply contracts, i.e., purchase order (PO) documents, with suppliers and vendors. Currently, there is inconsistency in the time and quality required for the PO document review process by engineers, depending on their manual skills and practice. This study developed a general provisions question-answering model (GPQAM) by combining knowledge graph (KG) and question-answering (QA) techniques to search for semantically connected contract clauses through the definition of relationships between entities during the review of equipment purchase contracts. The PO documents analyzed in this case study were based on one steel-making company’s general provisions (GP). GPQAM is a machine learning (ML)-based model with two sub-models (i.e., KG and QA) that automatically generates the most relevant answers to semantic search questions through a cypher query statement in GP for the PO engineers. First, based on the developed GP lexicon and its classifying taxonomy to be stored in the Neo4j graph database (GDB), the KG sub-model finds the corresponding synonyms and consequently shows GP-related information in a graphic form. Second, the QA sub-model is a function to find and answer contract information within the KG and applies pattern-matching technology based on the Aho–Corasick (AC) algorithm. Third, nodes with the meaning most similar to the question are selected using similarity measurement if a response cannot be extracted through the pattern-matching process. Forty-five pilot test questions were created and applied to the GPQAM model evaluation. The F1 score was 82.8%, indicating that the unsupervised training methods developed in this study could be better applied to a semantic QA process in plant engineering documents, where sufficient training data are limited and bargained. An expert survey of PO practitioners confirmed that the semantic QA capability of GPQAM might be efficient and useful for their work. As the first case of applying KG technology to semantic QA for plant equipment PO contracts, this study might be a meaningful contribution to the steel plant industry and, therefore, extended to construction and engineering contract applications.

«Подводные камни» одностороннего расторжения договора энергоснабжения (риски гарантирующего поставщика при уклонении от расторжения договора и при использовании механизма одностороннего отказа от договора)

The article analyzes the laws of the Russian Federation and the results of their implementation in the area of unilateral repudiation of a power supply contract through the prism of the implementation of the risks of a guaranteeing supplier of electric power in the form of invalidation of its actions and, as a consequence, imposition of administrative sanctions against it. The author examines two opposite situations, which do not contain elements of a violation: the guaranteeing supplier avoiding the termination of a power supply contract in the event of receiving a corresponding application from the consumer, and the guaranteeing supplier independently sending notices of unilateral repudiation of a power supply contract to the consumer. The study is divided into two main parts, each of which contains a detailed analysis of the laws on power supply with comparative legal references to foreign experience in legal regulation of the issues of power supply contract termination (on the example of the CIS member states) and a review of the court practice on various controversial situations, which have been settled in court decisions. The study has resulted in conclusions and recommendations on how to solve the problems arising in this area of activity for the guaranteeing supplier.

Проблемные аспекты правоприменительной практики при заключении договора энергоснабжения в отношении наследственного имущества

To date, the procedure for concluding a power supply contract is sufficiently detailed and rarely gives rise to questions. In practice, however, there are exceptional situations that require a more thorough analysis of both the documents submitted by consumers for concluding power supply contracts and the current laws. One such situation is the conclusion of a power supply contract for inherited property. The article analyzes the problematic aspects of law enforcement in concluding power supply contracts for inherited property and suggests ways to address them. For example, considering the legality of refusal to conclude a power supply contract with an heir who has applied to a power supply organization during the period of inheritance acceptance (6 months), the author states the legal uncertainty, points out the risks associated with the refusal, proposes solutions and makes suggestions on how to improve the current laws on the electric power industry.

Analytical Methods for the Rapid Determination of Solid Biofuel Quality

AbstractFuel properties of solid biofuels are essential aspects for the energy‐efficient and low‐emission operation of biomass heat and power plants. Hence, fuel quality parameters are often defined and used for pricing in supply contracts. To simplify and accelerate analytical approaches, rapid analysis devices are required to determine fuel properties such as water‐ and ash content, calorific value, and chemical composition on‐site. This article gives an overview about available technologies and, if applicable, their current state of use as rapid analysis devices for solid biofuels.

Indywidualna kontrola wzorca umowy (art. 385(1) k.c.) w kontekście klauzul waloryzacyjnych w kredytach indeksowanych do waluty obcej

The article is a synthetic presentation of the dominant positions in the doctrine and judical practice regarding individual control of the contract template in the context of abusiveness of valorization clauses in loans indexed to a foreign currency. The most important statements of the Supreme Court and the Court of Justice of the European Union were indicated. The article focuses on the issues of the premises for individual control of the standard contract and the sanction of the consumer not being bound by an illegal contractual provision specified in art. 385(1) of the Civil Code Attention was drawn to interpretation difficulties caused by discrepancies between the wording of Council Directive 93/13/EEC and the wording of Art. 385(1) implementing the Directive.

Multitemporal relative landslide exposure and risk analysis for the sustainable development of rapidly growing cities

In recent decades, developing countries have experienced an increase in the impact of natural disasters due to ongoing climate change and the sustained expansion of urban areas. The intrinsic vulnerability of settlements, due to poverty and poor governance, as well as the lack of tools for urban occupation planning and mitigation protocols, has made such impacts particularly severe. Cuenca (Ecuador) is a significant example of a city that in recent decades has experienced considerable population growth (i.e. exposure) and an associated increase in loss due to landslide occurrence. Despite such effects, updated urban planning tools are absent, so an evaluation of multitemporal exposure to landslides and related risks is required. In this perspective, a potential urban planning tool is presented based on updated data depicting the spatial distribution of landslides and their predisposing factors, as well as population change between 2010 and 2020. In addition, a multitemporal analysis accounting for changes in exposure between 2010 and 2020 and an estimation of relative landside risk was carried out. Due to the absence of spatially distributed population data, energy supply contract data have been used as a proxy of the population. The results show that the current higher exposure and related relative risk are estimated for parishes (parroquias) located in the southern sector of the study area (i.e. Turi, Santa Ana, Tarqui, Nulti, Baños and Paccha). Moreover, the exposure multitemporal analysis indicates that most parishes located in the hilly areas bounding the city centre (i.e. Sayausi, San Joaquin, Tarqui, Sidcay, Baños, Ricaurte, Paccha and Chiquintad) are experiencing sustained population growth and will be potentially exposed to an increased risk with a consistently growing trend. The obtained relative risk map can be considered a valuable tool for guiding land planning, land management, occupation restriction and early warning strategy adoption in the area. The methodological approach used, which accounts for landslide susceptibility and population variation through proxy data analysis, has the potential to be applied in a similar context of growing population cities in low- to mid-income countries, where data usually needed for a comprehensive landslide risk analysis are non-existing or only partially available.

Entering Into Contracts: Proceed With Caution Before You Sign

Entering Into Contracts: Proceed With Caution Before You Sign

Contract design for a closed-loop supply chain considering information asymmetry of remanufacturing process innovation

PurposeAsymmetric cost information exists between a supplier and a manufacturer regarding the manufacturer's process innovation for remanufacturing (PIR), which may hurt the supplier's profit. The authors therefore seek to develop a menu of nonlinear pricing contracts for channel information sharing.Design/methodology/approachBased on principal–agent theory, the supplier, acting as a Stackelberg leader, designs a menu of nonlinear pricing contracts to impel the manufacturer to disclose its private cost information on PIR (i.e. PIR efficiency). In addition, the authors compare the equilibrium outcomes under asymmetric and symmetric information to examine the effects of asymmetric PIR information on the production policies and profits of the supplier and the manufacturer.FindingsThe proposed contract menu encourages th4e manufacturer to spontaneously share PIR efficiency information with the supplier. Asymmetric PIR information may distort the output of new products upward or downward, but the output of remanufactured products may only be distorted downward. In addition, the manufacturer with high PIR efficiency gains information rent, and interestingly, the increase in the probability of low PIR efficiency amplifies its information rent. Finally, an asymmetric information environment may increase the threshold for the manufacturer to enter remanufacturing.Originality/valueThe authors probe the issue of the supplier's contract design by jointly considering remanufacturing, process innovation and information asymmetry. The paper expands the influencing mechanism of process innovation information in the remanufacturing field. The authors also observe new results that may offer guidance to decision makers.

Guidance on Extension of Time in Construction Contracts

This paper provides an introduction to the concept of extension of time in construction contracts and explores the ideal way to formulate extension of time proposals. Construction projects often face unforeseen delays and disruptions, which may lead to the need for additional time to complete the project. Extension of time provisions in construction contracts provide a mechanism for the parties to adjust the contract completion date to account for these delays. Mostly, the disputes (like compensation for extended stay, LDs, price variation, escalation etc.) start after the Contractor’s proposal for EOT. This paper examines the key principles of extension of time provisions, including the types of events that may entitle the contractor to an extension of time, the procedural requirements for making a claim, and the standard of proof required to establish entitlement. The paper also discusses the factors that should be considered when formulating an extension of time proposal, including the scope of the delay, the impact on other project activities, and the potential cost implications. By following a structured and systematic approach to formulating

Is It Legal to Provide Liquidity on the Vexanium Decentralized Exchange in Indonesia?

<div class="WordSection1"><table width="566" border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="387"><p>One of the platforms in the blockchain is a decentralized exchange. The existence of these platforms helps exchange crypto assets instantly in the blockchain ecosystem without having to exchange them at a central exchange. The liquidity guarantors of decentralized exchanges are liquidity providers. This study aims to assess liquidity providers' legal safety on Vexanium, Indonesia's first public blockchain. The normative method employed in this analysis of the laws and regulations related to blockchain in Indonesia involves a preliminary examination of the liquidity provision process. This study found that the decentralized exchange platform on the Vexanium blockchain still needs to meet the criteria as an electronic system following the laws and regulations. In addition, the absence of clear information about the parties in the platform makes the liquidity provision contract voidable. This research can be utilized for platform developers in the Vexanium blockchain to pay more attention to legal aspects in creating their platforms..</p></td></tr></tbody></table></div>

Comparing the inflationary impacts of uncertainty between advanced and emerging economies

ABSTRACT This paper quantifies the impact of uncertainty shocks on inflation by distinguishing their effect through aggregate supply and demand adjustments for 34 advanced and emerging economies. Methodologically, this quantification starts by identifying structural aggregate supply and demand shocks and evaluating their impacts on output growth and inflation. Results show that uncertainty shocks prompt responses on both sides of the market by shifting aggregate demand and supply curves leftward. The aggregate demand leftward shift causes similar deflationary pressures across all countries. However, the inflationary pressures from the aggregate supply contraction are significantly larger in emerging than in advanced economies.

Automated Approach for Digitalizing Scope of Work Requirements to Support Contract Management

Scope of work requirements (SOWRs) specify the contractual obligations for the contractor to fulfill. Managing the information is crucial to the success of a construction project. This process is, however, often challenging because requirements are typically voluminous and written in an unstructured paper-based format. The current state-of-the-art models are mostly applicable to quantitative constraints for use in automated code compliance checking of design features. This study proposes a novel natural language processing (NLP) framework capable of digitalizing nonquantitative natural language SOWRs outlined in construction contracts. The model includes a comprehensive set of semantic and syntactic rules of linguistic features for extracting contractual work information including actors, actions, objects, constraints, tasks, and obligation. The framework was evaluated on a large textual corpus of provisions of design-build highway contracts. The model yields an impressive precision and recall of more than 93% and 87%, respectively. The proposed system is expected to help the project planner quickly develop an electronic database of contractual work requirements, enabling significantly improved efficiency in project planning and verification.

الاساليب النبوية لحل المشكلات الأسرية

Marriage is the basic unit of a human society. It is a social institution in which a male and a female both are bound to live together while having their own domains of rights and responsibilities. According to Islam “Marriage” is a religious duty, a moral safeguard and a social commitment .Married life cannot be considered without conflicts and these conflicts can differ according to nature and intensity of the issues. Sometimes the main reason behind these disputes are just the ignorance and negligence from the provisions of marriage contract .So if these rules are provisions are known and applied, then family system is upright and its structure remains coherent. Likewise was the house of Prophet Muhammad PBUH. He was best among the human being and was innocent but His wives were not among the angels. So if some dispute occurred he was used to resolve it from his God gifted wisdom and understanding. In this article some of his Prophetic ways and techniques are discussed to resolve the domestic conflicts.

공동주택 하자분쟁 해결제도의 현황과 중재제도

Repairs for defects occurring in apartment houses are directly related to the right of residents to live in a pleasant environment. In addition, since disputes over defects in apartment houses fall under disputes in the professional realm, it is more effective to use dispute resolution systems that replace litigation, such as mediation and arbitration, rather than resolving disputes through litigation. Currently, the Ministry of Land, Infrastructure and Transport's Defect Review and Dispute Mediation Committee is resolving disputes regarding defects in apartment complexes through the Defect Review and Dispute Settlement System. On the other hand, the arbitration system in relation to apartment housing defect disputes requires an arbitration agreement, is characterized by a single trial system, and a private trial, so it is not actively utilized compared to other ADR mediations. However, in the case of defect disputes, the criteria for determining defects change according to the times, the disputes are in professional fields such as architectural design and construction technology, and the conclusion of the dispute can be different even if the same phenomenon occurs depending on the region, place, culture, environment, contract, etc. It is a compulsory dispute resolution method based on the fact that it can appoint a person with professional knowledge in the field as an arbitrator to accurately find out the substantive truth, leading to a decision including legal knowledge and academic theories. Arbitration, which is located in the middle between trial and reconciliation or mediation, which is a method of independent dispute resolution, can be seen as more suitable for defect disputes. However, in order to introduce a harmonious arbitration of defect disputes, it is desirable to stipulate through an optional arbitration agreement within the apartment supply contract (or standard contract). In addition, since defect disputes are an area where the results can be interpreted differently depending on experts, the principle of confidentiality of the agreement of the arbitration tribunal and the plan to allow the writing of minority opinions within the scope of not harming the fairness and independence of arbitrators are also introduced. should be considered. Regarding arbitration institutions, the dualization of dispute resolution systems (arbitration, finance, mediation, etc.) operating institutions cannot present unified standards, causes confusion in system operation, and confusion among end users, such as residents. unification will be required.

Development of Contract Management SOP with it Service Providers Supplier Based on the Framework Cobit 5 and ITIL V3 Hospital Case Study Dr Ramelan Navy

RSAL Dr. Ramelan is a naval hospital in Surabaya. It is currently developing its Management Information Systems (MIS) with the supplier of IT (Information Technology) service providers. Problems arose when the management change interfere with MIS development. The current management wanted to change MIS supplier before the development process is completed. This can cause financial and time losses. The process of supplier selection, negotiation, contracting and fulfillment control of supplier contracts to always fit the needs of the business is conducted at the Supplier Management. This study aims to make a reference to the management of IT service provider suppliers contracts in the form of SOP (Standard Operating Procedure) which is based on the COBIT 5 framework domain APO10 Manage Supplier and ITIL V3 Supplier Management. Formulation of IT service providers supplier contract management in RSAL Dr. Ramelan SOP document is carried out in four stages. The first stage is the observation of IT services in RSAL Dr. Ramelan. The second stage is the stage of the analysis. This stage is to identify COBIT 5 Manage Supplier and ITIL V3 Supplier Management activities and mapping the activities. Having formed a new activity, adjustments are made to the Regulation of the President of the Republic of Indonesia No. 54 of 2010 concerning the Procurement of Goods and Services. In the third stage, SOP document preparation is done by decomposition of these activities to become sequential action steps. The last stage is the stage of evaluation and improvement, which begins with the verification done in RSAL Dr. Ramelan, then the improvement is done based on the results of verification. The result of this study is an IT service providers supplier contract management SOP document that has been tailored to the condition in RSAL Dr. Ramelan. From the result of the evaluation, it is known that the SOP produced was still in need for improvement in terms of grammar, role and order activity. The SOP document that has been evaluated before has been corrected and improved based on the feedback given by RSAL Dr. Ramelan.

Price Adjustment Practices and Their Impacts on Bridge Construction Contracts

This paper assesses the patterns and trends of price fluctuations and price adjustment practices in RCC T-beam and prestressed bridge construction contracts. Using a questionnaire survey, we conducted a descriptive research to document the existing practices. The perceptions of clients and contractors were measured using mean score and standard deviation on issue, followed by a consistency check. We then analysed the major components of price adjustments to identify trends. Price adjustment provisions are planned during the procurement planning and bid preparation stages of procurement cycle, and are used as necessary during the contract implementation stage. These provisions are meant to give protection to the contractor against price escalation. In the absence of any compensation provision in bridge construction contracts, price fluctuation can affect the time, cost and quality parameters of construction projects. This may lead to delays or cancellation of projects, reduced number of bidders, poor quality, problems with cash flow, and loss of interest of stakeholders in the project. The research draws attention to the serious issues of price adjustments among bridge projects to ensure constructability. This is the first attempt to address the issue in bridge contracts of Nepal and can serve as a starting point for further research on this topic