Ch.5 Content, third party rights and conditions, s.1: Content, Art.5.1.3

2015 ◽  
Author(s):  
Vogenauer Stefan
Keyword(s):  
Burden Of Proof ◽  
The Other ◽  
Third Party ◽  
General Duty ◽  
Contractual Relationships ◽  
Legal Consequences

This commentary focuses on Article 5.1.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning co-operation between the parties. Art 5.1.3 imposes a general duty of co-operation on the parties. The duty applies to all types of contract, although it is particularly important in long-term contractual relationships where the parties have to collaborate throughout the life of the contract to make it work. Art 5.1.3 requires each party to cooperate with the other party when such co-operation may reasonably be expected for the performance of that party's obligations. This commentary discusses limits to the duty of co-operation, legal consequences of a violation of the duty of co-operation, and burden of proof relating to the duty of co-operation.

scholarly journals Public Private Partnerships and the Prospects for Sustainable ICT Projects in the Developing World

2007 ◽  
Vol 2 (3) ◽  
Author(s):  
Elizabeth Fife ◽  
Laura Hosman
Keyword(s):  
Case Studies ◽  
Success Factors ◽  
Public Services ◽  
Developing World ◽  
The Other ◽  
Third Party ◽  
Non Profit ◽  
Current State ◽  
The One

This paper analyses the recent phenomenon of private/public partnerships (PPPs) in the ICT sector of the developing world. The partners may come to these projects with divergent motivations: profit on the one hand and the provision of public services on the other, but at the end of the day, the interests of the partners that are symbiotic can – and indeed should – be aligned to ensure successful long-term projects. To investigate what can be done to promote successful and sustainable PPPs, this paper extends the traditional two-actor analysis to include both a third-party non-profit-oriented facilitating organization and the technology recipients that are the targets of these projects. Following an overview of the current state of PPPs in the developing world, the paper provides two case studies, based in Vietnam, where all four of the above-mentioned stakeholders were involved. The cases reveal important success factors that can be applied to future PPPs in the ICT sector.

Ch.5 Content, third party rights and conditions, s.1: Content, Art.5.1.8

2015 ◽  
Author(s):  
Vogenauer Stefan
Keyword(s):  
Burden Of Proof ◽  
Good Faith ◽  
Third Party ◽  
Reasonable Time ◽  
Legal Consequences

This commentary focuses on Article 5.1.8 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning a contract for an indefinite period. Art 5.1.8 stipulates that a contract for an indefinite period maybe ended by either party by giving notice a reasonable time in advance. Art 5.1.8 deviates from the principle of pacta sunt servanda and is in contrast with the idea of favor contractus. As far as its requirements are concerned, it permits the unilateral cancellation of contracts concluded for an indefinite period without any further justification. This commentary discusses the requirements for a contract for an indefinite period, with particular emphasis on contract required by good faith and notice given a reasonable time in advance. It also considers the legal consequences of an ending contract, along with the burden of proof of the party wishing to bring the contract to an end.

Ch.1 General Provisions, General Provisions III: Arts 1.6–1.12—Application of the PICC, Art.1.10

2015 ◽  
Author(s):  
Vogenauer Stefan
Keyword(s):  
Burden Of Proof ◽  
The Other ◽  
Legal Consequences

This commentary focuses on Article 1.10, which deals with the effectiveness of notices provided under the UNIDROIT Principles of International Commercial Contracts (PICC). A notice refers to any communication of intention. By way of example, the paragraph lists declarations, demands, and requests. The notice must be ‘required’ under the PICC; that is, a provision of the instrument must attach certain legal consequences to the giving of the notice. Art 1.10 establishes a single regime for all types of notice which has two main features. In order to be effective, notices are not subject to any requirement as to form. However, they must be received by the addressee. Art 1.10 also explains the burden of proof concerning the party that relies on the effectiveness of its own notice and the party that relies on the effectiveness of the other party's notice.

) Seller is bound to hand the goods over to the first carrier at a particular place, but hands them over prior to the place agreed. d) Goods are handed over to the first carrier but have not yet been identified. Q 67-9 In which of the above situations is the burden of the risk split during transport? Q 67-10 Under the CISG, when does the risk pass in the following situations: a) Seller hands goods over to freight forwarder who will undertake the transport itself. b) Same situation, but a third party will transport the goods. c) Same situation, but the freight forwarder has the right to transport in its own name. Q 67-11 Compare Art. 67 CISG with domestic sales laws. a) Compare Art. 67(1) CISG with § 2-509 UCC. Do you see any similarities? b) What is the corresponding rule in the BGB? c) Why is the BGB clearer than the CISG with regard to the passing of risk in the case of handing the goods over to a freight forwarder? Q 67-12 It has been stated that, under the CISG, although from a dogmatic view, the time of delivery and the time of passing of risk have been distinguished, in practice they will often coincide. Under French and Swiss law, the passing of risk has been settled differently. a) To what extent do Swiss and French law provide for a similar rule on the passing of risk? b) Which point in time is decisive as to whether the risk has passed to the buyer? c) Which rules are more suited for modern international trade, the French and Swiss ones or those found in Art. 67 CISG and the other sales laws? Discuss. d) Under Swiss law, title to the goods will not pass until handing over the goods to the buyer. How does the CC settle the passing of title to goods? Cf. Art. 1138(1) CC. e) In light of what has been said sub c), do you see a rationale in French law for how it handles the passing of risk? f) Which difficulty persists in Swiss law with regard to risk allocation between the buyer and the seller? Q 67-13 As a rule, the burden of proof as to where loss or damage to the goods occurred is borne by the party that wants to draw a benefit from that fact.

2007 ◽  
pp. 519-519
Keyword(s):  
International Trade ◽  
Burden Of Proof ◽  
The Other ◽  
Third Party ◽  
Risk Allocation ◽  
French Law ◽  
Swiss Law ◽  
Freight Forwarder ◽  
The Right ◽  
Own Name

Ch.5 Content, third party rights and conditions, s.1: Content, Art.5.1.9

2015 ◽  
Author(s):  
Vogenauer Stefan
Keyword(s):  
Common Law ◽  
Burden Of Proof ◽  
Contract Law ◽  
Third Party ◽  
The Common ◽  
Legal Consequences

This commentary focuses on Article 5.1.9 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning release of a contractual right by agreement. Under Art 5.1.9, an obligee may release its right by agreement with the obligor. An offer to release a right gratuitously shall be deemed accepted if the obligor does not reject the offer without delay after having become aware of it. The terminology used in Art 5.1.9 was chosen with particular care. The term ‘release’ was preferred over the concept of ‘waiver’ that has no agreed meaning between the common law systems. This commentary argues that the use of ‘release’ is somewhat problematic from the perspective of U.S. contract law. It also discusses the agreement in terms of offer and acceptance, the legal consequences of a release by agreement, and the burden of proof relating to release of a contractual right by agreement.

Ch.7 Non-performance, s.1: Non-performance in general, Art.7.1.2

2015 ◽  
Author(s):  
Schelhaas Harriet
Keyword(s):  
Performance Art ◽  
General Principle ◽  
Burden Of Proof ◽  
The Other ◽  
Partial Interference ◽  
Venire Contra Factum Proprium ◽  
Legal Consequences

This commentary analyses Article 7.1.2 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning interference by the other party. Art 7.1.2 deals with the situation known as mora creditoris — the obligee's failure to perform its duty to co-operate in order to allow the performance of the other party. It also addresses the situation in which the obligor's failure to perform is not due to a lack of co-operation by the obligee, but to another event for which the obligee bears the risk. The obligee that is responsible for the other party's resulting failure to perform is estopped from invoking non-performance. Art 7.1.2 is thus a particular instance of the general principle of the prohibition of venire contra factum proprium. This commentary also discusses partial interference, legal consequences of failure to perform, and the burden of proof relating to interference.

The Acute Effect of Alcohol on Various Memory Processes

2010 ◽  
Vol 24 (4) ◽  
pp. 249-252 ◽  
Author(s):  
Márk Molnár ◽  
Roland Boha ◽  
Balázs Czigler ◽  
Zsófia Anna Gaál
Keyword(s):  
Low Dose ◽  
Short Term Memory ◽  
Acute Effect ◽  
Long Term Memory ◽  
Term Memory ◽  
Memory Processes ◽  
Different Types ◽  
The Brain ◽  
Legal Consequences

This review surveys relevant and recent data of the pertinent literature regarding the acute effect of alcohol on various kinds of memory processes with special emphasis on working memory. The characteristics of different types of long-term memory (LTM) and short-term memory (STM) processes are summarized with an attempt to relate these to various structures in the brain. LTM is typically impaired by chronic alcohol intake but according to some data a single dose of ethanol may have long lasting effects if administered at a critically important age. The most commonly seen deleterious acute effect of alcohol to STM appears following large doses of ethanol in conditions of “binge drinking” causing the “blackout” phenomenon. However, with the application of various techniques and well-structured behavioral paradigms it is possible to detect, albeit occasionally, subtle changes of cognitive processes even as a result of a low dose of alcohol. These data may be important for the consideration of legal consequences of low-dose ethanol intake in conditions such as driving, etc.

Radioimmunotherapy for treatment of acute myeloid leukaemia and myelodysplastic syndrome

2005 ◽  
Vol 44 (03) ◽  
pp. 107-117
Author(s):  
R. G. Meyer ◽  
W. Herr ◽  
A. Helisch ◽  
P. Bartenstein ◽  
I. Buchmann
Keyword(s):  
Acute Myeloid Leukaemia ◽  
Myeloid Leukaemia ◽  
Primary Tumour ◽  
The Other ◽  
Haematopoietic Stem Cell ◽  
Other Hand ◽  
Primary Reduction ◽  
The One ◽  
Acute Myeloid

SummaryThe prognosis of patients with acute myeloid leukaemia (AML) has improved considerably by introduction of aggressive consolidation chemotherapy and haematopoietic stem cell transplantation (SCT). Nevertheless, only 20-30% of patients with AML achieve long-term diseasefree survival after SCT. The most common cause of treatment failure is relapse. Additionally, mortality rates are significantly increased by therapy-related causes such as toxicity of chemotherapy and complications of SCT. Including radioimmunotherapies in the treatment of AML and myelodyplastic syndrome (MDS) allows for the achievement of a pronounced antileukaemic effect for the reduction of relapse rates on the one hand. On the other hand, no increase of acute toxicity and later complications should be induced. These effects are important for the primary reduction of tumour cells as well as for the myeloablative conditioning before SCT.This paper provides a systematic and critical review of the currently used radionuclides and immunoconjugates for the treatment of AML and MDS and summarizes the literature on primary tumour cell reductive radioimmunotherapies on the one hand and conditioning radioimmunotherapies before SCT on the other hand.

Hidden “holes” in the capital of banks and the supply of credit to the real sector of economy

2018 ◽  
pp. 49-68 ◽  
Author(s):  
M. E. Mamonov
Keyword(s):  
Credit Risk ◽  
The Other ◽  
Real Sector ◽  
Capital Management ◽  
Loan Loss ◽  
Short Term ◽  
The Real ◽  
Ex Post ◽  
The One

Our analysis documents that the existence of hidden “holes” in the capital of not yet failed banks - while creating intertemporal pressure on the actual level of capital - leads to changing of maturity of loans supplied rather than to contracting of their volume. Long-term loans decrease, whereas short-term loans rise - and, what is most remarkably, by approximately the same amounts. Standardly, the higher the maturity of loans the higher the credit risk and, thus, the more loan loss reserves (LLP) banks are forced to create, increasing the pressure on capital. Banks that already hide “holes” in the capital, but have not yet faced with license withdrawal, must possess strong incentives to shorten the maturity of supplied loans. On the one hand, it raises the turnovers of LLP and facilitates the flexibility of capital management; on the other hand, it allows increasing the speed of shifting of attracted deposits to loans to related parties in domestic or foreign jurisdictions. This enlarges the potential size of ex post revealed “hole” in the capital and, therefore, allows us to assume that not every loan might be viewed as a good for the economy: excessive short-term and insufficient long-term loans can produce the source for future losses.

Interrelationships between municipal spatial policy strategy and airport operation and development. Lodz Airport case study

2018 ◽  
Vol 59 (1) ◽  
pp. 65-79
Author(s):  
Katarzyna Nikorowicz-Zatorska
Keyword(s):  
Land Use ◽  
Urban Planning ◽  
Cultural Development ◽  
The Other ◽  
Local Authorities ◽  
Spatial Management ◽  
The One ◽  
Surrounding Areas

Abstract The present paper focuses on spatial management regulations in order to carry out investment in the field of airport facilities. The construction, upgrades, and maintenance of airports falls within the area of responsibility of local authorities. This task poses a great challenge in terms of organisation and finances. On the one hand, an active airport is a municipal landmark and drives local economic, social and cultural development, and on the other, the scale of investment often exceeds the capabilities of local authorities. The immediate environment of the airport determines its final use and prosperity. The objective of the paper is to review legislation that affects airports and the surrounding communities. The process of urban planning in Lodz and surrounding areas will be presented as a background to the problem of land use management in the vicinity of the airport. This paper seeks to address the following questions: if and how airports have affected urban planning in Lodz, does the land use around the airport prevent the development of Lodz Airport, and how has the situation changed over the time? It can be assumed that as a result of lack of experience, land resources and size of investments on one hand and legislative dissonance and peculiar practices on the other, aviation infrastructure in Lodz is designed to meet temporary needs and is characterised by achieving short-term goals. Cyclical problems are solved in an intermittent manner and involve all the municipal resources, so there’s little left to secure long-term investments.

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