أثر التدخل التشريعي على فعالية شروط الإعفاء من ضمان العيوب الخفية في عقود البيع = The Impact of Legislative Intervention on the Effectiveness of Exemption Clauses from Guaranteeing Latent Defects in Sales Contracts

2019 ◽  
Vol 7 (1) ◽  
pp. 1-55
Author(s):  
محمود دودين ◽  
عبد الكريم ، محمود
Keyword(s):  
Latent Defects ◽  
Sales Contracts ◽  
The Impact

scholarly journals DOMESTICATION OF THE CISG: EXAMPLES FROM A FEW JURISDICTIONS

2020 ◽  
Vol 38 (1) ◽  
Author(s):  
Vjosa Osmani-Sadriu
Keyword(s):  
International Trade ◽  
Contract Law ◽  
Interesting Case ◽  
Nordic Countries ◽  
Reform Process ◽  
International Treaty ◽  
Sales Contracts ◽  
Model Law ◽  
The Impact ◽  
Domestic Law

The importance and influence of the CISG as an international treaty should not only be assessed from the perspective of the number of ratifications it received from around the globe. It should, rather, also include an analysis of the impact the Convention has had on domestic jurisdictions, either by being used as a model law for domestic sales law, or simply by influencing the reform process while different countries were drafting their new contract law. For that reason, this paper shall present a number of examples where the effect of the CISG has gone beyond its initial purpose of creating uniform rules in international trade. This paper initially shows the interesting case of Kosovo, where the text of the CISG was used as domestic law for sales contracts for more than a decade. It further shows some other examples, from Nordic countries and beyond, where the CISG was either used as a model for domestic sales or as a source of inspiration for drafting contract law.

Law applicable to Distribution Contracts and Contracts of Sale – Relationship between Framework Agreement and Application Contracts

2018 ◽  
Vol 14 (2) ◽  
pp. 138-156
Author(s):  
Ewa Wójtowicz
Keyword(s):  
International Business ◽  
Distribution Networks ◽  
Specific Nature ◽  
Framework Agreement ◽  
Applicable Law ◽  
Sales Contracts ◽  
The Law ◽  
Governing Law ◽  
The Impact

Abstract Distribution networks are widely used in the international trade as a tool for bringing another party’s products on to the market. However, in international business relations it may be difficult to establish the governing law for distribution agreements and contracts of sale. This article analyses the rules for determining the law applicable to distribution agreements and determines the impact of these rules and the law applicable to a distribution agreement on the applicable law for the sales contracts formed under the agreement. The thesis of the article is that the specific nature of distribution agreements manifesting itself in a bond between distributorship (as a framework agreement) and contracts of sale (as the application contracts) has implications for the determination of the applicable law for the sales contracts.

LNG - PAST, PRESENT AND FUTURE

1999 ◽  
Vol 39 (1) ◽  
pp. 671
Author(s):  
P.F. Dighton
Keyword(s):  
Natural Gas ◽  
Emerging Markets ◽  
Oil Prices ◽  
Intense Competition ◽  
Sales Contracts ◽  
Quantum Leap ◽  
Merchant Shipping ◽  
The Impact ◽  
Strong Relationships

The first 30 years of LNG export witnessed the development of large movements of natural gas between countries, underpinned by long-term sales contracts and strong relationships. Now the industry has matured, but is faced with the quantum leap of achieving commoditisation of LNG. This would require a break away from long-term contractual ties and the emergence of merchant shipping and merchant plant. This paper examines this trend and the impact upon future Australian exports in the context of emerging markets, low oil prices and intense competition.

Vibration monitoring and strength of structural elements taking into account the inertial properties of materials under broadband vibration

2020 ◽  
Author(s):  
О.B. Skvortsov
Keyword(s):  
High Frequency ◽  
Cyclic Strength ◽  
Vibration Monitoring ◽  
Structural Elements ◽  
High Frequency Vibration ◽  
Latent Defects ◽  
Current State ◽  
Properties Of Materials ◽  
High Frequency Vibrations ◽  
The Impact

The paper considers influence of the inertial properties of structural materials on mechanical stresses under high-frequency vibrations. The necessity of considering acceleration estimates when creating vibration monitoring systems focused on the incorporating cyclic strength is proved. The importance of the effects of high-frequency vibration in the local areas of the structural material is noted, taking into account the formation of latent defects and reducing the fatigue limit during gigacycle fatigue. Recommendations are given concerning supplement to the vibration monitoring system, taking into account the decrease in strength under high-frequency vibration when solving problems of diagnostics, forecasting and protection with new innovative solutions. It provides increased reliability of the diagnosis and protection of equipment. In addition to evaluating the current state of the unit based on the results of vibration intensity measuring, the proposed solutions allow additional assessing the degree of wear and taking into account the impact of fatigue processes in the operation of a multi-level automatic protection system of the equipment.

scholarly journals THE IMPACT OF COVID-19 ON THE PERFORMANCE OF INTERNATIONAL COMMERCIAL CONTRACTS FOR THE SALE OF GOODS – FORCE MAJEURE AND HARDSHIP

2020 ◽  
Author(s):  
Ljuben Kocev
Keyword(s):  
International Trade ◽  
Negative Impact ◽  
Health Impact ◽  
Sales Contracts ◽  
Legal Perspective ◽  
Full Effect ◽  
Force Majeure ◽  
Entire World ◽  
The Impact ◽  
International Sales

The outbreak of COVID-19 has had massive negative impact across all industries and fields in the entire world. While the negative health impact is slowly stabilizing, the economic impact is in full effect and the harm is yet to be evaluated. On macroeconomic level, the necessary measures for combating the pandemic which were undertaken by governments have significantly restricted international trade. On microeconomic level, merchants and businesses are faced with inability or extreme obstacles in their daily operations and particularly in performing their international sales contracts. Failure to perform results in contractual breach and unwanted claims for damages. The paper addresses the impact which COVID-19 has on the performance of international commercial contracts for the sale of goods. The paper considers the impediments which may arise due to the pandemic outbreak and evaluates them from a legal perspective under the UN Convention on Contracts for the International Sale of Goods from 1980 (CISG), which is the main legal instrument governing international sales contracts. Particularly, the paper focuses on the question of exemption from liability in a situation where either of the contractual parties fails to perform and breaches an obligation. The evaluation is conducted through interpretation of the concepts of force majeure and hardship, as grounds for non-performance or contract renegotiation in light of the current situation.

Sustainable and Circular Mango Farming Through Redesigning Sales Contracts

2021 ◽  
pp. 103-112
Author(s):  
Santosh Kumar
Keyword(s):  
Sales Contracts ◽  
Different Types ◽  
The Impact

Mango orchards in Bihar are managed through four different types of sales contracts, namely fully self-managed, short-tenure sales contract, long-term sales contract, and last quarter sales contract. This study has attempted to appraise the impact of different types of sales contracts on mango yield and farmers' income. Results indicate that last quarter sales contract is most sustainable followed by fully self-managed contracts. The remaining two contracts are neither sustainable nor financially viable. The higher sustainability of the last quarter's sales contract is attributed to clean landholding of the owners, optimal use of flowering inducers (PBZ), and segregated rights of merchants and owners.

Formation of Lunar Craters and Bright Rays as a Result of Meteorite Impacts

1962 ◽  
Vol 14 ◽  
pp. 415-418
Author(s):  
K. P. Stanyukovich ◽  
V. A. Bronshten
Keyword(s):  
Explosive Charge ◽  
The Moon ◽  
Meteorite Impacts ◽  
The Earth ◽  
Lunar Craters ◽  
The Impact

The phenomena accompanying the impact of large meteorites on the surface of the Moon or of the Earth can be examined on the basis of the theory of explosive phenomena if we assume that, instead of an exploding meteorite moving inside the rock, we have an explosive charge (equivalent in energy), situated at a certain distance under the surface.

The Geosciences Applied to Lunar Exploration

1962 ◽  
Vol 14 ◽  
pp. 169-257 ◽  
Author(s):  
J. Green
Keyword(s):  
Lunar Surface ◽  
Probable Mechanism ◽  
Point Of View ◽  
Lunar Exploration ◽  
Geological Model ◽  
Apply Geophysics ◽  
Surface Features ◽  
The Impact

The term geo-sciences has been used here to include the disciplines geology, geophysics and geochemistry. However, in order to apply geophysics and geochemistry effectively one must begin with a geological model. Therefore, the science of geology should be used as the basis for lunar exploration. From an astronomical point of view, a lunar terrain heavily impacted with meteors appears the more reasonable; although from a geological standpoint, volcanism seems the more probable mechanism. A surface liberally marked with volcanic features has been advocated by such geologists as Bülow, Dana, Suess, von Wolff, Shaler, Spurr, and Kuno. In this paper, both the impact and volcanic hypotheses are considered in the application of the geo-sciences to manned lunar exploration. However, more emphasis is placed on the volcanic, or more correctly the defluidization, hypothesis to account for lunar surface features.

Asteroid and Comet Impact Speeds upon Mars: Significance for Panspermia and the Supply of Organics

1997 ◽  
Vol 161 ◽  
pp. 197-201 ◽  
Author(s):  
Duncan Steel
Keyword(s):  
Probability Distributions ◽  
Regions Of Interest ◽  
Significant Fraction ◽  
Organic Chemicals ◽  
Impact Speed ◽  
The Mean ◽  
The Impact

AbstractWhilst lithopanspermia depends upon massive impacts occurring at a speed above some limit, the intact delivery of organic chemicals or other volatiles to a planet requires the impact speed to be below some other limit such that a significant fraction of that material escapes destruction. Thus the two opposite ends of the impact speed distributions are the regions of interest in the bioastronomical context, whereas much modelling work on impacts delivers, or makes use of, only the mean speed. Here the probability distributions of impact speeds upon Mars are calculated for (i) the orbital distribution of known asteroids; and (ii) the expected distribution of near-parabolic cometary orbits. It is found that cometary impacts are far more likely to eject rocks from Mars (over 99 percent of the cometary impacts are at speeds above 20 km/sec, but at most 5 percent of the asteroidal impacts); paradoxically, the objects impacting at speeds low enough to make organic/volatile survival possible (the asteroids) are those which are depleted in such species.

Organic Syntheses During the Impact of a Comet with a Gaseous Planet

1997 ◽  
Vol 161 ◽  
pp. 189-195
Author(s):  
Cesare Guaita ◽  
Roberto Crippa ◽  
Federico Manzini
Keyword(s):  
Polymeric Material ◽  
Molecular Form ◽  
Parent Compound ◽  
Blue Filter ◽  
Organic Syntheses ◽  
The Impact

AbstractA large amount of CO has been detected above many SL9/Jupiter impacts. This gas was never detected before the collision. So, in our opinion, CO was released from a parent compound during the collision. We identify this compound as POM (polyoxymethylene), a formaldehyde (HCHO) polymer that, when suddenly heated, reformes monomeric HCHO. At temperatures higher than 1200°K HCHO cannot exist in molecular form and the most probable result of its decomposition is the formation of CO. At lower temperatures, HCHO can react with NH3 and/or HCN to form high UV-absorbing polymeric material. In our opinion, this kind of material has also to be taken in to account to explain the complex evolution of some SL9 impacts that we observed in CCD images taken with a blue filter.

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