Unilateral Modification of Long Term Contracts: American Change of Terms Clauses and Italian Ius Variandi from a ‘Relational’ Point of View

2021 ◽  
Vol 17 (1) ◽  
pp. 37-53
Author(s):  
Gioia Caldarelli

Abstract This article analyses the compromise required between certainty and flexibility in long-term contracts, which would appear to be intrinsically linked to the adoption of adjustment tools. The allocation of rights and risks at the beginning of a contract may include the enforceability of clauses which empowers one party to unilaterally amend the original terms of the contract. On the one hand, a right granted by a change of terms clause, if properly exercised, may allow both parties to obtain the most from a long-term contract. On the other, it is essential to provide limitations so as to avoid the result that this contractual dexterity gives an unfair advantage to one party to the detriment of the weaker party.

Author(s):  
Rubia Cristina Wegner ◽  
Marcelo Pereira Fernandes

The purpose of this paper is to present Sinopec in the context of the transformationsof property organization in China, especially the constitution of thebusiness sector under long-term national development strategies. A hypothesisis that the growth of a large state-owned enterprise in China is on the one hand,the benefits of state support and on the other, the constraints imposed by suchbenefits on its business strategies of profitability and efficiency. In order to confirmthis hypothesis, we analyze the evolution of the oil and gas sector in China,from the point of view of the formation of its large companies. Next, Sinopecindicators, relate to the company’s financial development and strategies, areanalyzed for the period 1999 to 2016. We sought to highlight the evolution ofthe company’s indicators compared to the national strategies adopted. Resultsshow that Sinopec remains dependent on the national economic developmentstrategies.  


2005 ◽  
Vol 44 (03) ◽  
pp. 107-117
Author(s):  
R. G. Meyer ◽  
W. Herr ◽  
A. Helisch ◽  
P. Bartenstein ◽  
I. Buchmann

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.


2018 ◽  
pp. 49-68 ◽  
Author(s):  
M. E. Mamonov

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.


2018 ◽  
Vol 59 (1) ◽  
pp. 65-79
Author(s):  
Katarzyna Nikorowicz-Zatorska

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.


Author(s):  
Yves Mausen

Abstract The logic of evidence in Bartolistic literature, A reading of the Summa circa testes et examinationem eorum (Ms. Bruxelles, B.R., II 1442, fol.101 ra – 103 rb). – Bartolus teaches how to read testimonies from a logical point of view. On the one hand, the facts that the witness recounts constitute the minor premise of a syllogism, its conclusion being their legal characterization; therefore he is prohibited from pronouncing directly on any legal matter. On the other hand, given that the witness' knowledge of the facts has to stem from sensory perception, the information he provides has at least to constitute the minor premise of another syllogism, making for establishing the causa of his testimony.


1928 ◽  
Vol 55 (3) ◽  
pp. 665-735 ◽  
Author(s):  
Dorothy J. Jackson

It is well known that in many orders of typically winged insects species occur which in the adult stage are apterous or have the wings so reduced in size that flight is impossible. Sometimes the reduction of wings affects one sex only, as in the case of the females of certain moths, but in the majority of cases it is exhibited by both sexes. In many instances wing dimorphism occurs irrespective of sex, one form of the species having fully developed wings and the other greatly reduced wings. In some species the wings are polymorphic. The problem of the origin of reduced wings and of other functionless organs is one of great interest from the evolutionary point of view. Various theories have been advanced in explanation, but in the majority of cases the various aspects of the subject are too little known to warrant discussion. More experimental work is required to show how far environmental conditions on the one hand, and hereditary factors on the other, are responsible for this phenomenon. Those species which exhibit alary dimorphism afford material for the study of the inheritance of the two types of wings, but only in a few cases has this method of research been utilized.


Diogenes ◽  
2021 ◽  
Vol 29 (2) ◽  
Author(s):  
Mitko Momov

Rosemberg (1991) has made a critical review of a long-standing discussion between Eastern philologists and Buddhist philosophers. The discussion is centered around the translation of the doctrine on the one hand, and its philosophical systematization on the other hand. When scientific-philological translation prevails, the literal meaning of Buddhist terminology is declared to be its basis. The young scholar, who had specialized in Japan, studied Buddhism from Japanese and Chinese sources and collected lexicographic material from non-Hindu sources. After comparing them, he encountered inaccuracies in the translation. In an attempt to overcome them, he preferred the point of view of the philosophy of Buddhism. The conclusion that he has drawn in the preface of this edition is that the study should begin with a systematization of antiquity.


Author(s):  
Anna D. Bertova ◽  

Prominent Japanese economist, specialist in colonial politics, a professor of Im­perial Tokyo University, Yanaihara Tadao (1893‒1961) was one of a few people who dared to oppose the aggressive policy of Japanese government before and during the Second World War. He developed his own view of patriotism and na­tionalism, regarding as a true patriot a person who wished for the moral develop­ment of his or her country and fought the injustice. In the years leading up to the war he stated the necessity of pacifism, calling every war evil in the ultimate, divine sense, developing at the same time the concept of the «just war» (gisen­ron), which can be considered good seen from the point of view of this, imper­fect life. Yanaihara’s theory of pacifism is, on one hand, the continuation of the one proposed by his spiritual teacher, the founder of the Non-Church movement, Uchimura Kanzo (1861‒1930); one the other hand, being a person of different historical period, directly witnessing the boundless spread of Japanese militarism and enormous hardships brought by the war, Yanaihara introduced a number of corrections to the idealistic theory of his teacher and proposed quite a specific explanation of the international situation and the state of affairs in Japan. Yanai­hara’s philosophical concepts influenced greatly both his contemporaries and successors of the pacifist ideas in postwar Japan, and contributed to the dis­cussion about interrelations of pacifism and patriotism, and also patriotism and religion.


1886 ◽  
Vol 3 (8) ◽  
pp. 359-367
Author(s):  
J. H. Collins

My argument that at Porthalla there is a “passage” from hornblende-schist to serpentine; or rather that some beds of a common series have been changed into serpentine, others into hornblende-schist, and others again into a substance of intermediate character, is, I think, much strengthened by the fact that many such “apparent passages” are admitted to exist by all those who have examined the Lizard Coast with any degree of detail. De la Beche's description of that seen near the Lizard Town is as follows, and it would apply equally well to the others. “The hornblende slate,” he says, “supports the great mass of the Lizard serpentine with an apparent passage of the one into the other in many places—an apparent passage somewhat embarrassing,” that is, from his point of view; from mine it is perfectly natural. He goes on to say: “Whatever the cause of this apparent passage may have been, it is very readily seen at Mullion Cove, at Pradanack Point, at the coast west of Lizard Town, and at several places on the east coast between Landewednack and Kennick Cove, more especially under the Balk … and at the remarkable cavern and open cavity named the Frying-Pan, near Cadgwith.” At Kynance some of the laminse of serpentine are not more than one-tenth of an inch in thickness for considerable distances.


The investigation of development described in a previous communication was extended by the application of microscopic methods. The fact that both the silver haloid and the resulting silver are distributed through the film in the form of particles of minute but measurable size, allows us in this way to detect finer qualitative differences in, and to draw independent deductions on the processes of exposure and development. The size of the grain is important, both from the practical point of view and from the theoretical: in the one case as bearing on spectroscopical and astronomical photography, in the other on account of the great importance of the degree of surface-extension for heterogeneous systems. The method has been used previously by Abney, Abegg, Kaiserling, Ebert, and others, but by far the most systematic and important inquiry is that of K. Schaum and V. Bellach.


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