The Contractual Third-Party Notion Beyond the Principle of the Relativity of Contracts: The Comparative Legal History as Methodological Approach

Author(s):  
Irina Solskaya ◽  
Sergey Belomestnykh

The issues of methodological support of interaction between a large transport company and its general contractors are becoming more significant due to the increasing number of types of activities transferred to outsourcing. The article investigated the main methodological approaches that determine the procedure for justifying the choice of an outsourcing organization and the relevant methods applied in practice, in particular, an assessment of the methodological basis for judging the effectiveness of the choice of infrastructure repair workflow was carried out. The analysis of the methods for justifying the choice of a third-party organization, performing railway infrastructure repair work, made it possible to form the author's methodological approach to the choice of a repair technology and an organization to perform it best on outsourcing basis. The specifics of the object, namely, JSC «Russian Railways», which provides strategically important services for the economy, allows us to recommend the proposed author's methodological approach to justifying the choice of a third-party organization performing work for other transport companies.


Blood ◽  
2011 ◽  
Vol 118 (21) ◽  
pp. 3304-3304
Author(s):  
Donald M. Arnold ◽  
Theodore E. Warkentin ◽  
James W. Smith ◽  
Aliya Esmail ◽  
Sadiya Kukaswadia ◽  
...  

Abstract Abstract 3304 Introduction: Many drugs can cause platelet counts to decrease. However, only relatively few cause severe drug-induced immune thrombocytopenia (DITP), a hemorrhagic syndrome characterized by drug-dependent, platelet-reactive antibodies. Laboratory testing for DITP is important to confirm the diagnosis, however test methods have evolved over the years and results are often difficult to interpret. We applied hierarchical grading methodology to published reports of DITP test methods to evaluate their validity and reliability. Using this grading system, we identified drugs that were implicated in DITP reactions with the highest level of evidence. Methods: All drugs implicated in DITP reactions based on clinical criteria were compiled from a previous systematic review (Swisher KK, Drug Safety 2009). Primary publications and additional reports associated with each drug were retrieved by searching MEDLINE and EMBASE to identify those drugs for which in vitro DITP testing had been performed. In duplicate and independently, the validity of DITP test methods was assessed based on whether or not they demonstrated: 1) drug or drug metabolite-dependence; 2) platelet specificity; and 3) IgG-binding. Reliability of test methods was assessed based on whether or not DITP test results were confirmed by more than one laboratory. Discrepancies were adjudicated by a third party. Assessors were experienced in DITP test methods. Results: We identified 149 drugs that were associated with DITP reactions by clinical criteria alone. Of those, 92 were excluded because testing was either not performed or was negative, or primary reports were irretrievable. Publications associated with the remaining 57 drugs were reviewed in duplicate. Of those, 27 were excluded because testing did not confirm drug-dependence (N= 15), platelet specificity (N=1) or IgG binding (N=11); 19 were included; and 11 were sent for adjudication. In the end, 22 drugs (abciximab, acetaminophen, cephamandole, diazepam, diphenylhydantoin, eptifibatide, gold, ibuprofen, mirtazapine, naproxen, oxaliplatin, penicillin, quinidine, quinine, rifampin, rosiglitazole, roxifiban, sulfisoxazole, tirofiban, tranilast, trimethoprim/sulfamethoxazole and vancomycin) met all validity criteria. Only 6 (gold, quinine, quinidine, tirofiban, rifampin and vancomycin) were confirmed positive by more than one laboratory. Conclusion: Based on assessments of validity and reproducibility of laboratory test methods, we identified 6 drugs – gold, quinine, quinidine, tirofiban, rifampin and vancomycin – that have been implicated in DITP reactions with a high level of evidence. This type of methodological approach can improve the likelihood of DITP diagnosis with a given drug. Disclosures: Warkentin: Sanofi-Aventis: Speakers Bureau; Pfizer Canada: Speakers Bureau; GlaxoSmithKline: Consultancy, Research Funding; GTI Diagnostics: Consultancy, Research Funding; Canyon Pharma: Consultancy, Speakers Bureau; Informa: Patents & Royalties.


2019 ◽  
Vol 5 (4) ◽  
pp. 197
Author(s):  
Larysa Poliatykina ◽  
Iryna Samoshkina ◽  
Olena Slavkova

The goal of the article is to summarize and highlight the main economic aspects of the development of insurance activities of small businesses in the countries of Eastern Europe. The small business performs a number of important economic and social tasks. The main arguments in favour of the features of the organization and operation of insurance activities of small businesses are considered. The purpose of the research. The purpose of this scientific research is to develop a methodological approach to the organization of insurance activities in small business and make proposals on the ways of their improvement. Insurance provides reliable protection of property interests of entrepreneurs and the population in case of losses caused by fire, natural disaster, technogenic accidents, traffic accidents, and many other unforeseen circumstances. Problem statement. In the economy of countries of Eastern Europe, there are a number of features of small business development. Entrepreneurship contributes to the expansion of the sector of employment, the creation of new employment opportunities for the unemployed population, and the dismissal of employees from enterprises, which operate inefficiently. Insurance provides reliable protection of property interests of entrepreneurs and the population in case of losses caused by fire, natural disaster, technogenic accidents, traffic accidents, and many other unforeseen circumstances. Insurance has proved itself as a form of accumulation of funds of citizens to solve their social problems (health, pensions, education, etc.). In recent years, insurance is widely used in the event of third-party liability. The issue on the problems of the organization of insurance activities of small businesses has been and is studied in detail in periodicals and special literature. Methodology. The analysis of the operation of small business and the features of its conduct was made during the study. The issues of the formation and operation of small business, as well as workflow management and business administration at these enterprises, are controversial. As a result of the research, the regulatory framework of the operation of insurance enterprises in the sphere of small business has been analysed. The article focuses on the main arguments in favour of the features of the organization and operation of insurance activities of small businesses. There is a need for the intensification of insurance activities. Practical implications. The study of scientific works and the practice of economic activity indicate that some of the theoretical provisions regarding the interpretation of the features of the organization and operation of insurance activities of small businesses are of a polemical character, and a number of important aspects of their organization, evaluation, and the methods of organization should be improved. Value/originality. The main directions of the insurance activity of small businesses in the global economy have been studied. The ways and directions of activation of insurance activities are offered. The strategy of the development of small and medium-sized businesses in the insurance sector in Ukraine is proposed. The strategy is aimed at ensuring the gradual development of insurance activities of small businesses, given the temporarily limited financial support and significant challenges in the economy of Eastern European countries.


2012 ◽  
pp. 1650-1665
Author(s):  
Christos Keramydas ◽  
Naoum Tsolakis ◽  
Anastasios Xanthopoulos ◽  
Dimitrios Aidonis

As supply chains continue to globalize, the need for robust Third Party Logistics (3PL) provider qualification, selection, and evaluation programs becomes increasingly critical. In this context, this chapter aims to present a methodological approach for the optimization of this specific type of outsourcing operations in today’s globalized supply chains. More specifically, the authors first present an analytical literature review of the criteria and the methods that are employed in this field of decision-making, and then propose a generic methodological framework for the 3PL partner selection and evaluation problem. This framework is constituted by a nine-phased conceptual decision-making methodology that outlines the whole life cycle of the 3PL provider selection and continuous evaluation processes.


2020 ◽  
Vol 40 (3) ◽  
pp. 315-340
Author(s):  
Anton Shevchenko ◽  
Mark Pagell ◽  
Moren Lévesque ◽  
David Johnston

PurposeThe supply chain management literature and agency theory suggest that preventing supplier non-conformance—a supplier's failure to conform to the requirements of the buyer—requires monitoring supplier behavior. However, case studies collected to explore how buyers monitored suppliers revealed an unexpected empirical phenomenon. Some buyers believed they could prevent non-conformance by either trusting their suppliers or relying on a third party, without monitoring their behavior. The purpose of this article is to examine conditions when buyers should monitor supplier behavior to prevent non-conformance.Design/methodology/approachThis article employs a mixed-method design by formulating an agent-based simulation grounded in the case-study findings and agency theory to reconcile observed unexpected behaviors with scholarly suggestions.FindingsThe simulation results indicate that buyers facing severe consequences from non-conformance should opt to monitor supplier behavior. Sourcing from trusted suppliers should only be reserved for buyers that lack competence and have a small number of carefully selected suppliers. Moreover, buyers facing minor consequences from non-conformance should generally favor sourcing from trusted suppliers over monitoring their behavior. The results also suggest that having a third-party involved in monitoring suppliers is an effective path to preventing non-conformance.Originality/valueBy combining a simulation with qualitative case studies, this article examines whether buyers were making appropriate decisions, thereby offering contributions to theory and practice that would not have been possible using either methodological approach alone.


2019 ◽  
Vol 11 (1) ◽  
pp. 43
Author(s):  
Iswantoro Iswantoro

The writing of this article is motivated by the implementation of marriage agreements in Article 147 of the KUHPerdata and Article 29 of Law Number 1 of 1974 about Marriage, which states that marriage agreements are made before the marriage happened. This rule restricts the freedom of two individuals to perform the agreement, so that it is contrary to Article 28 points e paragraph 2 of the 1945 Constitution. In 2015, the Constitutional Court (MK) issued Decision Number: 69 / PUU-XIII / 2015 which concerning about the issue of the marriage agreement. This article discusses the settlement of marital property disputes after the Constitutional Court's decision in terms of normative legal studies. The study focused on legal principles, legal systematics, legal synchronization, and legal history. The result: (1) based on the Constitutional Court's decision, the marriage agreement can be made as long as the marriage bond takes place with mutual agreement witnessed by a notary without having to be preceded by a court ruling; (2) the Constitutional Court's decision results in joint and third party assets that made and witnessed by a notary begins to take effect from the time the marriage takes place, unless otherwise specified in the marriage agreement. That is, if the parties do not determine when the marriage agreement will take effect, the marriage agreement will take effect from the time the marriage takes place. [Penulisan artikel ini dilatarbelakangi oleh pelaksanaan perjanjian perkawinan dalam Pasal 147 Kitab Undang-undang Hukum Perdata (KUHPerdata) dan Pasal 29 Undang-Undang Nomor 1 tahun 1974 tentang Perkawinan, yang menyebutkan bahwa perjanjian perkawinan dibuat sebelum perkawinan dilangsungkan. Peraturan ini membatasi kebebasan dua orang individu untuk melakukan perjanjian, sehingga bertentangan dengan Pasal 28 Poin e Ayat 2 Undang-Undang Dasar 1945. Tahun 2015, Mahkamah Konstitusi (MK) mengeluarkan Putusan Nomor: 69/PUU-XIII/2015 yang di antara ketentuannya menyangkut persoalan perjanjian perkawinan. Artikel ini membahas penyelesaian sengketa harta perkawinan pasca putusan MK tersebut dari sisi kajian hukum normatif. Kajian difokuskan pada asas-asas hukum, sistematika hukum, sinkronisasi hukum, dan sejarah hukum. Hasilnya: (1) berdasarkan pada putusan MK tersebut, perjanjian perkawinan dapat dibuat selama ikatan perkawinan berlangsung atas persetujuan bersama di depan notaris tanpa harus didahului oleh penetapan pengadilan; (2) putusan MK tersebut berakibat pada harta bersama dan pihak ketiga yang dibuat di hadapan notaris mulai berlakunya sejak perkawinan dilangsungkan, kecuali ditentukan lain dalam perjanjian perkawinan. Artinya, apabila para pihak tidak menentukan kapan perjanjian perkawinan tersebut mulai berlaku, maka perjanjian perkawinan tersebut berlaku sejak perkawinan dilangsungkan.]


Author(s):  
Ion Tutuianu

Legal history shows that those who are defined obligation Romans definition valid today as a relationship as we submit to a benefit from a third party. Their importance lies in the fact that although rooted in ancient as it spread in all legal systems, across time and still keeping the same legal and economic importance.


2021 ◽  
Vol 4 (28) ◽  
pp. 69-81
Author(s):  
Ie. A. Dunaieva ◽  
◽  
V.V. Popovich ◽  
V.V. Vecherkov ◽  
◽  
...  

Currently, for the agro-industrial complex development, it is necessary to apply new modern methodological approaches. Among the variety of methods, it is advisable to choose those methodological approaches that will make it possible to form the optimal directions for socio-economic development of rural areas more adequately, provided they improve the integral ecosystem state. This article is devoted to the development of a methodology for searching, selecting, calculating key parameters and integral indicators having a significant impact on the state and development of agricultural territories. The research aims to study the possibilities of integrating assessments based on the processing of statistical reporting materials and Earth remote sensing (ERS) data. The novelty of the work is in the development of a methodological approach for using statistical reporting data and indirect remote sensing data on the level of territory bioproductivity (net primary production) at various levels of spatial analysis (from the level of rural settlement and above). A database of indicators of ecosystem state of rural areas for various levels of integration (from a rural settlement and above) was created using modern software. Moreover, comparable level indicators of their current state were calculated; procedures for spatial visualization of the calculation results for pilot districts and Crimea as a whole were developed. The indicator of the socio-economic direction in 2020 for the Republic of Crimea decreased by 7 % compared to 2019; only for the Kirovsky and Leninsky districts, it remained at the same level. Considering the ecological indicator, the overall integral indicator of the ecosystem state of territories decreased by 3.9 % and worsened for almost all districts (except Kirovsky). The use of satellite information to analyze the dynamics of the development of rural areas showed the continuing negative trend in annual indicators of bioproductivity (about 1.2 % on average per year for the period 2000–2020). All visualization data are implemented through a server web platform using GIS software product – NextGISWeb to allow a third-party user having an opportunity to access the available information to conduct analytical or management activities.


Author(s):  
Christos Keramydas ◽  
Naoum Tsolakis ◽  
Anastasios Xanthopoulos ◽  
Dimitrios Aidonis

As supply chains continue to globalize, the need for robust Third Party Logistics (3PL) provider qualification, selection, and evaluation programs becomes increasingly critical. In this context, this chapter aims to present a methodological approach for the optimization of this specific type of outsourcing operations in today’s globalized supply chains. More specifically, the authors first present an analytical literature review of the criteria and the methods that are employed in this field of decision-making, and then propose a generic methodological framework for the 3PL partner selection and evaluation problem. This framework is constituted by a nine-phased conceptual decision-making methodology that outlines the whole life cycle of the 3PL provider selection and continuous evaluation processes.


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