Ch.3 Validity, s.2: Grounds for avoidance, Art.3.2.14

Author(s):  
du Plessis Jacques

This commentary focuses on Article 3.2.14 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the retroactive effect of avoidance of a contract. Under Art 3.2.14, avoidance takes effect retroactively; that is, the contract is regarded as never having existed, and not merely as non-existent from the moment of avoidance. Unfulfilled obligations fall away and performances made in fulfilment of obligations have to be returned, according to Art 3.2.15. However, this is only a general proposition. Where avoidance only relates to certain terms of the contract, the other terms, whether fulfilled or unfulfilled, are left undisturbed, unless it would be unreasonable to do so. This commentary discusses the effect of retroactive avoidance in general, as well as its effect on contractual obligations, including unfulfilled and unaffected obligations and fulfilled obligations.

Author(s):  
Alexander Murray

People with a logical turn of mind say that the history of the world can be summarised in a sentence. A précis of mediaval historian Richard William Southern's work made in that spirit would identify two characteristics, one housed inside the other, and both quite apart from the question of its quality as a work of art. The first is his sympathy for a particular kind of medieval churchman, a kind who combined deep thought about faith with practical action. This characteristic fits inside another, touching Southern's historical vision as a whole. Its genesis is traceable to those few seconds in his teens when he ‘quarrelled’ with his father about the Renaissance. The intuition that moved him to do so became a historical fides quaerens intellectum. Reflection on Southern's life work leaves us with an example of the service an historian can perform for his contemporary world, as a truer self-perception seeps into the common consciousness by way of a lifetime of teaching and writing, spreading out through the world (all Southern's books were translated into one or more foreign language).


2017 ◽  
Vol 2 (2) ◽  
Author(s):  
Khozainul Ulum

In fulfilling the needs, human beings tend to do various ways and always looking for ease. In the context of the fulfillment of economic needs, for example, not everyone can get easy access to be able to get the needs. The purchasing power of each person always refers to the stability of the amount of income earned every day or every month. Therefore, it is not surprising that payment system in transaction of buying and selling that try to make easy for consumer to get what is wanted, that is credit payment. In Islam, payments in credit transactions are known as nasīah. This paper will trace the arguments of the Quran that are related to the payment of sale and purchase on credit.  From the Quranic interpretation of sura al-Baqarah verse 282 and 283 above with respect to the transaction on credit, it can be summarized as follows. First, the transaction on credit in Islam is not forbidden and not makruh. In other words, it is allowed even though the price of goods sold in credit is more expensive than the price in cash. Second, in a transaction on credit, it is ordered to make record and witness to the requierments and conditions of the transaction. The purpose of these records and testimony is to safeguard the rights of each transactor and to avoid disputes in the future. In this case, ulama have difference on the form of such recording and testimonies. One side believes that the order is obligatory (wajib), and the other side thinks it sunnah. According to me, after seeing the purpose of record and testimony of the above transactions, the record and testimony in the transaction is wajib.Third, transaction made in cash (yadan bi yadin), according to the author, is also required to record and testimony. This is a form of caution, because at the moment there are many disputes in transactions that arise in the community, even though they have done the recording and testimony. Fourth, note of treaty and the receipts included in each transaction at the present have an important meaning to safeguard the rights and obligations of each party conducting the transaction. Moreover, note of treaty and receipt are a valid and concrete evidence explaining the truth of the transaction. Keywords: Credit Sale, Quranic Interpertation Approach


2021 ◽  
Vol 13 (20) ◽  
pp. 11467
Author(s):  
Freek Van Doninck ◽  
Johanna Vanderstraeten ◽  
Ine Paeleman ◽  
Luc Van Liedekerke

This teaching case addresses the strategic choices of social entrepreneurs and the issues they face in search of funding. In the heart of Europe’s capital, Brussels, two aspiring entrepreneurs founded Le Champignon de Bruxelles to produce exotic mushrooms. Being true social entrepreneurs, they use a recycled substrate—brewery dredge—to do so, as such, minimizing the distance the mushrooms travel from farm to plate. After the typical “entrepreneur-in-the-basement” start, they are now at a turning point. They established themselves as a serious player in the market, producing over 6000 kg of mushrooms every month. This journey, however, did not come without its challenges. Along the way, they struggled to reconcile their idealistic mindset with the realities of the economic system and adopted a more pragmatic approach in response. At the moment, they are at a decisive moment in the company’s development and are contemplating whether their current business model should be diversified and internationalized.


another to believe that he has acquired an interest and that other has incurred some expense or has in some other way acted to his detriment. It should be emphasised that there are substantial differences in the way in which promises are enforced through the medium of rules based on estoppel as compared with the enforcement of promises under the doctrine of consideration. In particular, a promise supported by consideration, subject to other rules on the validity of contractual promises, will be enforceable in full against the promisor. In contrast, the equitable solution provided by rules on promissory and proprietary estoppel will reflect the equities of the case in hand and should not be regarded as a device intended to protect the promisee’s expectations of performance of the promise of the other party. However, where the equities so demand, it may be necessary to confer on the promisee rights which did not previously exist before the promisor indicated that the promisee was to acquire an interest in or over the land in question. Waltons Stores v Maher indicates the utility of estoppel as a means of enforcing promises where it is equitable to do so, but also makes it abundantly clear that the purpose of such equitable intervention is not to give effect to the promisee’s expectation that the promisor’s promise will be fulfilled. Developments along these lines in English law, it is suggested, would be desirable. As has been observed above, where there is a contractual promise supported by consideration, the promise will create fully enforceable rights in favour of the promisee, but the same is not true of promises which induce reliance in the absence of consideration. In some instances, a promise may be made which binds the promisor only temporarily, for example one made for a specific purpose during a finite period, and which temporarily suspends the promisor’s right to insist upon his strict legal rights until he has served reasonable notice on the promisee of his intention to revert to a pre-existing set of contractual obligations. In Hughes v Metropolitan Railway Co, a landlord gave his tenant six

1995 ◽  
pp. 210-210

1940 ◽  
Vol 33 (6) ◽  
pp. 262-269
Author(s):  
Walter J. Bruns

It Is one of the most difficult tasks in teaching elementary mathematics in high schools to be both, understandable and correct. Most textbook authors know how to write simply and so to speak popularly, but, on the other hand, there is no doubt that many of them fall short of perfect scientific correctness. It would be ridiculous to try putting in school classes such modern scientific methods as, for example, the formal introduction of real fractions as couples of integral numbers, negative numbers as couples of positive numbers, imaginary numbers as couples of real numbers. However, we are often forced as teachers to meet a mathematical situation where we have to pay attention to two points: first, no conclusion must be gained surreptitously or by tricks, and secondly, when some of the steps within a statement are too difficult to be understood by young people the gaps must not be concealed but, on the contrary, pointed out to the students with the explanation that it is possible to accomplish the proof although we may not do so for the moment.


ILUMINURAS ◽  
2018 ◽  
Vol 19 (46) ◽  
Author(s):  
Jesus Marmanillo Pereira

Resumo O artigo traz uma breve reflexão teórico-metodológica sobre como a Sociologia e a Antropologia no Brasil têm auxiliado numa compreensão de urbano ancorada nos pressupostos da modernidade. Instigados pelas contribuições de autores como Oliven (1980), Castro- Gomes (2005) e outros críticos das Ciências Sociais, nos orientamos pela hipótese de que o primeiro passo para pensar em cidades, efetivamente, plurais é a problematização e descolonização da ideia de urbano. Para tanto, analisamos o processo de invisibilidade indígena, percebido por meio de um conjunto de dados composto por: fotografias e anotações feitas nas cidades de Campo Grande (MS), Imperatriz (MA), Rorainopolis (RR) e Boa Vista (RR), dados do IBGE, Bibliografia especializada, vídeos e reportagens produzidos nessas cidades, e também, na cidade de Macapá (AP). Palavras Chave – Descolonização. Urbano. Imagens. Povos indígenas  DECOLONIZE THE URBAN TO SEE THE "OTHER": Ideologies, images and indigenous invisibility in médium cities AbstractThe article brings a brief theoretical and methodological reflection on how Sociology and Anthropology in Brazil have helped in an understanding of urban anchored in the presuppositions of modernity. Instigated by the contributions of authors such as Oliven (1980), Castro-Gomes (2005) and other critics of Social Sciences, we hypothesized that the first step to think of cities, indeed plural, is the problematization and decolonization of the idea of urban . To do so, we analyzed the process of indigenous invisibility, perceived through a set of data composed of: photographs and annotations made in the cities of Campo Grande (MS), Imperatriz (MA), Rorainopolis (RR) and Boa Vista (RR) IBGE data, specialized bibliography, videos and reports produced in these cities, and also in the city of Macapá (AP).Keywords - Decolonization. Urban. Images. Indian people


2019 ◽  
Vol 11 (16) ◽  
pp. 98
Author(s):  
Lucas Guilherme Bulegon ◽  
Anderson Daniel Suss ◽  
Roberto Cecatto Júnior ◽  
Vandeir Francisco Guimarães ◽  
Deise Dalazen Castagnara ◽  
...  

The objective of this study was to evaluate the biometric and bromatological characteristics of Urochloa ruziziensis in due to inoculation times with Azospirillum brasilense in the presence or absence of nitrogen fertilization. To do so it was used a randomized blocks design, with factorial scheme 4 × 2, where the first factor consisted the inoculation periods: control; A. brasilense in the seed; A. brasilense at tillering (aerial) and A. brasilense seed + foliar. The second factor constituted in the presence or absence of nitrogen (1000 mg dm³). Evaluations were made in the first, second and third cut, being evaluated the plant height, number of tillers per plant, leaves dry mass, culm+sheath dry mass; crude protein content, neutral detergent fiber and acid detergent fiber. The use of nitrogen fertilization increased the productive and bromatological parameters in the crop of U. ruziziensis, however, the use of A. brasilense increased only the height of plants, not influencing the other productive characteristics and the bromatological parameters. It is concluded that the use of A. brasilense, regardless the period it was made, presents inconclusive results for biometric and bromatological characteristics of plants of Urochloa ruziziensis in need of further studies, on the other hand, the nitrogen fertilization brings positive effects over the evaluated parameters on U. ruziziensis.


2017 ◽  
Vol 2 (1) ◽  
pp. 69-79
Author(s):  
Khozainul Ulum

In fulfilling the needs, human beings tend to do various ways and always looking for ease. In the context of the fulfillment of economic needs, for example, not everyone can get easy access to be able to get the needs. The purchasing power of each person always refers to the stability of the amount of income earned every day or every month. Therefore, it is not surprising that payment system in transaction of buying and selling that try to make easy for consumer to get what is wanted, that is credit payment. In Islam, payments in credit transactions are known as nasīah. This paper will trace the arguments of the Quran that are related to the payment of sale and purchase on credit.  From the Quranic interpretation of sura al-Baqarah verse 282 and 283 above with respect to the transaction on credit, it can be summarized as follows. First, the transaction on credit in Islam is not forbidden and not makruh. In other words, it is allowed even though the price of goods sold in credit is more expensive than the price in cash. Second, in a transaction on credit, it is ordered to make record and witness to the requierments and conditions of the transaction. The purpose of these records and testimony is to safeguard the rights of each transactor and to avoid disputes in the future. In this case, ulama have difference on the form of such recording and testimonies. One side believes that the order is obligatory (wajib), and the other side thinks it sunnah. According to me, after seeing the purpose of record and testimony of the above transactions, the record and testimony in the transaction is wajib.Third, transaction made in cash (yadan bi yadin), according to the author, is also required to record and testimony. This is a form of caution, because at the moment there are many disputes in transactions that arise in the community, even though they have done the recording and testimony. Fourth, note of treaty and the receipts included in each transaction at the present have an important meaning to safeguard the rights and obligations of each party conducting the transaction. Moreover, note of treaty and receipt are a valid and concrete evidence explaining the truth of the transaction.


Author(s):  
Denza Eileen

This chapter analyses Articles 39.2 and 39.3 of the Vienna Convention on Diplomatic Relations. Both deal with the termination of privileges and immunities given to members of the diplomatic missions. Article 39.2 states that when the functions of a person enjoying privileges and immunities have come to an end, such privileges and immunities shall normally cease at the moment when he leaves the country, or on expiry of a reasonable period in which to do so, but shall subsist until that time, even in case of armed conflict. However, with respect to acts performed by such a person in the exercise of his functions as a member of the mission, immunity shall continue to subsist. Article 39.3 on the other hand states that in case of the death of a member of the mission, the members of his family shall continue to enjoy the privileges and immunities until the expiry of a reasonable period.


1981 ◽  
Vol 31 (1) ◽  
pp. 69-83 ◽  
Author(s):  
G. L. Cawkwell
Keyword(s):  

Nothing about Xenophon's Hellenica is more outrageous than his treatment of the relations of Persia and the Greeks. It was orthodoxy in the circle of Agesilaus that Theban medizing, barbarismos, had sabotaged the plans for a glorious anabasis (IV. ii. 3, V. ii. 35, III. v. 1 f.) and recalled him to the defence of his city (by the very route, ironically, taken by King Xerxes in 480 — IV. ii. 8 — the would-be avenger in the footsteps of the would-be enslaver). Not until the Thebans woo and win the fickle favour of the King (VII. i. 33 ff.), does anything like detail emerge. In the regrettable interlude, the less said the better. If the third speech of Andocides had not survived, there would have been some tangled theorizing about a note in Didymus (FGrH 328f 149), especially as regards ‘the ambassadors who in Sparta consented’, but sober historical judgement would never have transgressed so far from the text of Xenophon as to postulate a Peace Congress in Sparta as well as in Sardis in 392. Likewise, the merest chance of epigraphic survival assures us that the oaths, which the ‘Athenians and the Spartans and the other Greeks’ swore in 387/6, ‘the King swore’ (G.H.I. 118 lines 10 f.) — and so on. If we did not have the reflection of Ephorus in Diodorus, albeit a mirror cracked and blemished, we would be sadly astray in 375 and 371. When, however, the despicable Thebans become the King's favoured power, disgraceful scenes unfold. ‘Pelopidas very much had things his own way with the Persian; he could say that the Thebans alone of the Greeks had fought on the King's side at Plataea, that they had never afterwards campaigned against him, that the Spartans were at war with them because they would not join Agesilaus…etc.’ (VII. i. 34). A Persian is found at Thebes reading out the contents of a Royal Rescript, after displaying the Royal seal (ibid. §39); at Sparta twenty years before, such details had been left to the imagination.The cause of Xenophon's method in this matter is not for the moment under discussion, but rather the consequence, viz. our uncertainty about what precisely the King's Peace said. There was a document, inscribed on stone pillars and displayed in the national shrines (Isoc. IV. 180, XII. 107). If ever a copy turns up, what can we expect to find? The measure of our uncertainty was provided by Wilcken, who produced a curious hypothesis which found little sympathy; that he could do so shows the state of the evidence. Some effort of the imagination is needed, and those who gravely disapprove of conjectures of what might have been the case need read no further. At the end one can be sure of very little. Conjectures, however, have been uttered, en passant, elsewhere. What may prove to be a chorus of disdain has begun. A formal confession may be welcome.


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