scholarly journals THE FREEDOM OF CONTRACT IN PLANTATION CORE ESTATE AND SMALLHOLDERS

2019 ◽  
Vol 4 (1) ◽  
pp. 34
Author(s):  
Ermanto Fahamsyah

The Plantation Core Estate and Smallholders (PIR/Perkebunan Inti Rakyat) is a partnership scheme of the estates whereby a large estate acts as the core of development to small local farms in a mutually beneficial, integral, and continous system. Simply put, PIR is one form of contract farming. The PIR scheme was first introduced in by Indonesia government in order to encourage the development in local farms. Moreover, the partnership system is based on patron-client relationship and regulated through a contract in which the large estate is the patron and local farms are the client. However, the PIR system involves state within the contract. The state’s involvement is important so as to safeguard the interests of local farms (client) which are prone to predatory exploitation by the patron (large estate) and thus, balancing the bargaining powers of each party in the contract. This paper problematizes the contractual mechanism of PIR in respect to the freedom of contract. Thus, it can be concluded that the state’s involvement in the PIR shows that the freedom of contract principles are rigged to a degree which restricts some of the patron’s powers such as controls on supply and price in order to protect the local farms from being exploited.

2019 ◽  
Vol 4 (1) ◽  
pp. 317
Author(s):  
Ermanto Fahamsyah

The Plantation Core Estate and Smallholders (PIR/Perkebunan Inti Rakyat) is a partnership scheme of the estates whereby a large estate acts as the core of development to small local farms in a mutually beneficial, integral, and continous system. Simply put, PIR is one form of contract farming. The PIR scheme was first introduced in by Indonesia government in order to encourage the development in local farms. Moreover, the partnership system is based on patron-client relationship and regulated through a contract in which the large estate is the patron and local farms are the client. However, the PIR system involves state within the contract. The state’s involvement is important so as to safeguard the interests of local farms (client) which are prone to predatory exploitation by the patron (large estate) and thus, balancing the bargaining powers of each party in the contract. This paper problematizes the contractual mechanism of PIR in respect to the freedom of contract. Thus, it can be concluded that the state’s involvement in the PIR shows that the freedom of contract principles are rigged to a degree which restricts some of the patron’s powers such as controls on supply and price in order to protect the local farms from being exploited.


Author(s):  
Elizabeth Macdonald ◽  
Ruth Atkins ◽  
Jens Krebs

This chapter addresses the Directive on Unfair Terms in Consumer Contracts and its implementing legislation: the Unfair Terms in Consumer Contracts Regulations 1999 and the Consumer Rights Act 2015. The legislation is of broad application to unfair terms in consumer contracts. The fairness test, with its reference to good faith, and significant imbalance in the rights and obligations of the parties, is considered. The ‘core exemption’, from the fairness test, of price terms and those dealing with the main subject matter of the contract is looked at. The tensions in the different approaches to ‘core exemption’ in the Court of Appeal and the Supreme Court in Abbey National, and the different emphases on freedom of contract, and protection of the weaker party, are highlighted.


2012 ◽  
Vol 7 (1) ◽  
pp. P9-P14 ◽  
Author(s):  
David N. Herda ◽  
James J. Lavelle

SUMMARY This article summarizes our recent study, “Auditor Commitment to Privately Held Clients and its Effect on Value-Added Audit Service” (Herda and Lavelle 2013), which examines how the relationship between individual auditors and their clients affects the extent of value-added services that clients receive. Based on a survey of 204 auditors at two public accounting firms, we find that the auditor-client relationship, measured in terms of the auditor's commitment to the client (i.e., client commitment), develops in response to auditor perceptions of fair treatment and support received from the client. Higher levels of client commitment lead to more value-added services (e.g., management letter comments). The results indicate that auditors' perceptions of client fairness are essential in building strong auditor-client relationships. Stronger relationships yield greater levels of service that go beyond the core audit requirements.


2015 ◽  
Vol 35 (2) ◽  
pp. 343-359 ◽  
Author(s):  
TOMASO FERRANDO

In August 2010 Brazil decided to limit foreign direct investments (FDIs) in land, and attracted the attention of politicians as much as the fears of businessmen. However, few months before, in September 2009, it had concluded a trilateral agreement with Japan and Mozambique to implement agribusiness and contract farming on an area of ten million hectares in the Mozambican region of Nacala. In light of that, the paper analyses the apparent duality of the Brazilian politics, and concludes that, exactly like in the case of the novel by Robert Louis Stevenson, it is not a matter of pathology, but a voluntarily induced double personality which is strategic in positioning Brazil at the core of the global capitalist system.


2003 ◽  
Vol 17 (1) ◽  
pp. 51-63 ◽  
Author(s):  
Helga Jonsdottir ◽  
Merian Litchfield ◽  
Margaret Dexheimer Pharris

Modern health care has increasingly focused on prescriptive, outcomes-oriented, and cost-effective practices concomitantly obscuring the humanness of the health experience. A reconsideration of partnership between nurse and client as the core of the discipline might call nurses back to what is essential to nursing: a caring relationship centered on that which is meaningful as health. This article points to the significance of the relational nature of partnership, differentiating its features and form from the prevalent understanding associated with prescriptive interventions to achieve predetermined goals and outcomes. The meaning of partnership is presented as nursing practice as it unfolds: a process of nurse and client relationship through which the caring presence of the nurse becomes integral to the health experience of the client as the potential for action. Exemplars provide illustration of this emerging view in practice and research. The article is intended to contribute to the expanding dialogue on nursing practice, inviting discussion of the relevance of partnership in different health systems.


2013 ◽  
Vol 357-360 ◽  
pp. 2716-2719
Author(s):  
Gang Wang ◽  
Feng Yan Ning

the glass industry has a far-reaching effect on the economical development, and much the city is developed, the much the glass is used. The China glass industry is very promising, the choice between the establishing of customer relationship and the marketing is an important content of the modern management. For the glass enterprise, how to prevent the drain of clients is both a art and a science, it needs the glass salesmen to be in regular contact with their clients and enhance client value. The glass enterprise need to keep and increase client loyalty by the client relationship system, and temper the core competitive of the glass enterprise. The city development needs the glass industry to develop marketing channels, and improve the production service function. The glass industry development can promote economic harmonious order, and make marketing progress in good way.


2019 ◽  
Vol 42 ◽  
Author(s):  
Guido Gainotti

Abstract The target article carefully describes the memory system, centered on the temporal lobe that builds specific memory traces. It does not, however, mention the laterality effects that exist within this system. This commentary briefly surveys evidence showing that clear asymmetries exist within the temporal lobe structures subserving the core system and that the right temporal structures mainly underpin face familiarity feelings.


Author(s):  
T. Kanetaka ◽  
M. Cho ◽  
S. Kawamura ◽  
T. Sado ◽  
K. Hara

The authors have investigated the dissolution process of human cholesterol gallstones using a scanning electron microscope(SEM). This study was carried out by comparing control gallstones incubated in beagle bile with gallstones obtained from patients who were treated with chenodeoxycholic acid(CDCA).The cholesterol gallstones for this study were obtained from 14 patients. Three control patients were treated without CDCA and eleven patients were treated with CDCA 300-600 mg/day for periods ranging from four to twenty five months. It was confirmed through chemical analysis that these gallstones contained more than 80% cholesterol in both the outer surface and the core.The specimen were obtained from the outer surface and the core of the gallstones. Each specimen was attached to alminum sheet and coated with carbon to 100Å thickness. The SEM observation was made by Hitachi S-550 with 20 kV acceleration voltage and with 60-20, 000X magnification.


Author(s):  
M. Locke ◽  
J. T. McMahon

The fat body of insects has always been compared functionally to the liver of vertebrates. Both synthesize and store glycogen and lipid and are concerned with the formation of blood proteins. The comparison becomes even more apt with the discovery of microbodies and the localization of urate oxidase and catalase in insect fat body.The microbodies are oval to spherical bodies about 1μ across with a depression and dense core on one side. The core is made of coiled tubules together with dense material close to the depressed membrane. The tubules may appear loose or densely packed but always intertwined like liquid crystals, never straight as in solid crystals (Fig. 1). When fat body is reacted with diaminobenzidine free base and H2O2 at pH 9.0 to determine the distribution of catalase, electron microscopy shows the enzyme in the matrix of the microbodies (Fig. 2). The reaction is abolished by 3-amino-1, 2, 4-triazole, a competitive inhibitor of catalase. The fat body is the only tissue which consistantly reacts positively for urate oxidase. The reaction product is sharply localized in granules of about the same size and distribution as the microbodies. The reaction is inhibited by 2, 6, 8-trichloropurine, a competitive inhibitor of urate oxidase.


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