THE TENSION BETWEEN THE REAL AND THE PAPER DEAL CONCERNING “NO ORAL MODIFICATION” CLAUSES

2021 ◽  
Vol 80 (3) ◽  
pp. 460-488
Author(s):  
Elad Finkelstein ◽  
Shahar Lifshitz
Keyword(s):  
Economic Analysis ◽  
Comprehensive Model ◽  
New Model ◽  
The Real ◽  
Key Innovation ◽  
Contractual Relations ◽  
Context Dependent ◽  
Auxiliary Test ◽  
Equal Power

AbstractThis article proposes a new model for the regulation of no oral modification (NOM) clauses. First, the article seeks to offer a deeper understanding of the wishes of the parties in contracts from the perspective of parties' autonomy, distinguishing between intentions focused on the legal relationships and those focused on extra-contractual relations. Second, we explain how enforcement of NOM clauses may influence the parties' relations. Third, the article includes an economic analysis clarifying the roles of efficiency and institutional considerations in the NOM phenomenon. Applying the results of our analysis, we propose a comprehensive model for regulating NOM clauses. The key innovation of the model is context-dependent regulation differentiating among sophisticated and equally powerful parties, unsophisticated parties of equal power, and relationships with power disparities. Our model also offers an auxiliary test to help distinguish between parties' legal relationships and their extra-contractual relations.

scholarly journals Fikih Kiri: Revitalisasi Usul al-Fiqh untuk Revolusi Sosial

2005 ◽  
Vol 43 (2) ◽  
pp. 425
Author(s):  
Anjar Nugroho
Keyword(s):  
Classical Theory ◽  
New Model ◽  
The Real ◽  
Muslim Scholars

Classical fiqh, which is based on classical Usul al-Fiqh, has often been considered out of date and no longer has its effectiveness at handling new problems. The article is a study critically addressed to the classical theory of Usul al-fiqh, which is commonly accused as a factor that made fiqh static and has nothing to do with reality. The writer proposes, then, how to develop a new model of fiqh that is more sensitive to the real issues of society, left fiqh. The left fiqh is fiqh that takes side with oppressed, impoverished people (mustad‘afin) and demands criticism to a hegemonic power. This is an antithesis to mainstream fiqh, which tends to be used to protect people with the power. It is expected that left fiqh may colourize both the process and the result of ijtihad of Muslim scholars. Fiqh that is not sensitive to human problems will merely legitimate illegal collusion. If fiqh does not insist on handling and overcoming human problems, it will experience two problems: first, fiqh will indulge in its settled condition as a well established doctrine and will be always considered unnecessary. Second, fiqh will progressively narrow its role merely focused on ritual and make its self powerless at solving daily human problems.

scholarly journals A new model for calculating the apparent permeability of shale gas in the real state

2018 ◽  
Vol 5 (3) ◽  
pp. 245-252 ◽  
Author(s):  
Yanyu Zhang ◽  
Dongdong Li ◽  
Xiaofei Sun ◽  
Zhaoyao Song ◽  
Dayou Shi ◽  
...  
Keyword(s):  
Shale Gas ◽  
Apparent Permeability ◽  
New Model ◽  
The Real ◽  
Real State

scholarly journals An economic analysis of Iranian petroleum contract

2020 ◽  
Vol 17 (5) ◽  
pp. 1451-1461 ◽  
Author(s):  
Fazel M. Farimani ◽  
Xiaoyi Mu ◽  
Hamed Sahebhonar ◽  
Ali Taherifard
Keyword(s):  
Sensitivity Analysis ◽  
Economic Analysis ◽  
Crude Oil ◽  
Technical Information ◽  
Oil Price ◽  
Economic Rent ◽  
Crude Oil Price ◽  
New Model ◽  
Production Sharing ◽  
The Government

Abstract Following three generations of buyback contracts, the new model of Iranian petroleum contracts (IPC) was introduced by the Iranian cabinet to incentivize investments in the country. This paper analyzes the fiscal terms of the contract with technical information from one of the candidate fields for licensing. The financial simulation shows that, in general, the IPC resembles more a service contract than a production sharing contract as the contractor’s take is relatively low—below 5% across different scenarios of crude oil price. Second, the IPC is progressive in that as the overall profitability of the project improves the government takes an increasing share of the economic rent. The results are confirmed in a sensitivity analysis of each party’s profitability and takes on oil price, CAPEX, OPEX and the fee.

A Reexamination of the Determinants of Consumer Satisfaction

1996 ◽  
Vol 60 (3) ◽  
pp. 15-32 ◽  
Author(s):  
Richard A. Spreng ◽  
Scott B. MacKenzie ◽  
Richard W. Olshavsky
Keyword(s):  
Formation Process ◽  
Consumer Satisfaction ◽  
Empirical Test ◽  
Complete Picture ◽  
Marketing Communication ◽  
Comprehensive Model ◽  
Single Model ◽  
New Model ◽  
Managerial Practice ◽  
The Impact

Although the “disconfirmation of expectations” model continues to dominate research and managerial practice, several limitations indicate that it is not a complete picture of satisfaction formation. The authors propose a new model of the satisfaction formation process that builds on the disconfirmation paradigm by specifying a more comprehensive model that includes two standards in a single model and specifically incorporates the impact of marketing communication. An empirical test of the model provides support for the hypothesized relationships and a better understanding of the mechanisms that produce satisfaction.

Study of Economic Specific Frictional Resistance in Hot Water Heat Supply Net Work in Xi’an

2013 ◽  
Vol 291-294 ◽  
pp. 1772-1776
Author(s):  
Jian Hui Zhao ◽  
Xi Huang
Keyword(s):  
Economic Analysis ◽  
Heat Supply ◽  
Frictional Resistance ◽  
Hot Water ◽  
The Real ◽  
Sound Theory ◽  
Technical And Economic Analysis ◽  
Optimal Theory ◽  
Optimal Values ◽  
Theory Formula

Based on technical and economic analysis,apply optimal theory to explore the optimal values of economic specific frictional resistance and put form and a sound theory formula .Apply the formula to the real project and calculate the values of the economic is specific frictional resistance optional pipe diameter and velocity on different heating-supply scale under current prices.

Documenting and Disseminating Unconventional Scholarship

2018 ◽  
Vol 1 (1) ◽  
Keyword(s):  
Empirical Research ◽  
Comprehensive Model ◽  
Carnegie Foundation ◽  
Academic Journal ◽  
New Model ◽  
Discovery Research ◽  
Definition Of ◽  
Boyer Model ◽  
Scholarship Reconsidered

The Journal of Scholarly Engagement was developed to provide faculty an academic outlet to document and disseminate scholarship primarily in Boyer’s domains of application and integration. The foundation of this new academic journal is Boyer’s Scholarship Reconsidered. In 1990, Boyer and his colleagues at the Carnegie Foundation for the Advancement of Teaching responded to the then, and current, predominant definition of scholarship—one that primarily involves conducting discovery research and publishing results (Boyer, 1990; Moser, 2014). In rethinking what it meant to engage in scholarship, Boyer proposed a more comprehensive model, extending beyond a view limited to scholarship of discovery (i.e., empirical research), to recognize scholarship of integration, application, and teaching. This new model (frequently termed the “Boyer model”) expanded the definition of scholarship beyond merely “conducting discovery research” and “publishing results” to fully embrace the broader purpose of the professoriate.

scholarly journals Economic figures of apple production at national level of Hungary

2011 ◽  
Vol 17 (4-5) ◽  
Author(s):  
J. Felföldi ◽  
N. Ványi ◽  
J. Nyéki ◽  
Z. Szabó ◽  
M. Soltész
Keyword(s):  
Economic Analysis ◽  
National Level ◽  
Heterogeneous Population ◽  
Processing Industry ◽  
The Real ◽  
Long Period ◽  
Apple Varieties ◽  
Apple Production ◽  
Costs Of Production

Apple is the most important fruit in Hungary, despite of that, it is a paradox that during the last years, apple growing was the most unsuccessful enterprise among the prosperous ones in the country. The real cause of regression was unequivocally the low price, which could be obtained and the inadequate structure of apple varieties. A heavy problem is still the overweight of the quality doomed to supplying the processing industry instead to the fresh consumption. In order to improve the conditions, we aimed the economic analysis of the five year long period, 2005-2009, to trace the changes involving values and costs of production, income and all conditions combined with this activity. The data presented in the paper are means of a heterogeneous population of values, which cannot be utilised for immediate use in management, but they may reveal the challenges and tendencies of that branch in economics.

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