scholarly journals Agricultural credits and contracts

2012 ◽  
Vol 48 (No. 5) ◽  
pp. 215-218
Author(s):  
J. Pokrivčák
Keyword(s):  
Survey Data ◽  
Market Economy ◽  
Legal System ◽  
Transitional Period ◽  
Third Party ◽  
Contract Enforcement ◽  
Ethical Norms ◽  
Market Enforcement

The paper considers contracting problems of the transitional period agriculture. The slow and inexperienced legal system makes third party contract enforcement non-viable. Market enforcement of contract is imperfect due to incompleteness of contracts and underdevelopment of informal features (institutions) of the society, such as codes of behaviour, low importance of goodwill, low adherence to ethical norms, inexperience with conflicts solving in market economy. The survey data related to contracting in transitional agriculture are presented.

Preclusion of the Right to Submit New Facts and Evidence According to the Law on Contested Procedure in Kosovo

2017 ◽  
Vol 10 (1) ◽  
pp. 84
Author(s):  
ARTAN QERKINI
Keyword(s):  
Market Economy ◽  
Legal System ◽  
Practical Implementation ◽  
Relevant Evidence ◽  
Legal Provisions ◽  
The Law ◽  
Legislative Amendments ◽  
The Right

The market economy and changes within Republic of Kosovo’s legal system, which imposed the need of legal changes within the field of contested procedure also, have caused this procedure to become more efficient vis-à-vis legal provisions which were in force until October 6th 2008. Through the Law on Contested Procedure (hereinafter “LCP”), the legislator has aimed, inter alia, to make the contested procedure more concentrated, and thus, more efficient. In this regard, the Kosovar legislator has determined that it is mandatory for the parties to present any and all relevant evidence for resolving the dispute until the preparatory session, and in the event that one was not held, until the first main hearing session. As an exception, the parties may present relevant evidence even after this stage of proceedings, provided that their failure to present said evidence no later than at the preparatory session, respectively first main hearing session, was through no fault of their own. I consider that these legislative amendments are vital to ensuring practical implementation of the principle of efficience in the contested procedure.

Customer-Oriented Constructive Deviance as a Reaction to Organizational Injustice Toward Customers

2021 ◽  
pp. 193896552110123
Author(s):  
Taeshik Gong ◽  
Pengchang Sun ◽  
Min Jung Kang
Keyword(s):  
Customer Satisfaction ◽  
Service Quality ◽  
Servant Leadership ◽  
Survey Data ◽  
Third Party ◽  
Service Climate ◽  
Perceived Service Quality ◽  
Hotel Managers ◽  
The Relationship ◽  
Organizational Injustice

To date, research on the deontic model and third-party reactions to injustice has focused primarily on individuals’ tendency to punish the transgressor. In this study, we seek to extend the extant research by arguing that punishment may not be the only deontic reaction and that third-party observers of injustice should engage in activities that help the victim. More specifically, we explore employee’s customer-oriented constructive deviance as a reaction to organizational injustice toward customers. We also investigate how this deviance influences customer satisfaction. In addition, we explore service climate, driven by servant leadership as a moderator on the relationship between employees’ perceptions of organizational unfairness and customer-oriented constructive deviance. The study collected three-level survey data from 95 hotel managers, 396 employees, and 1,848 customers. We find that servant leadership increases service climate, which in turn strengthens the relationship between organizational injustice toward customers and customer-oriented constructive deviance. The findings also reveal that customer-oriented constructive deviance increases perceived service quality, leading to customer satisfaction. Our study significantly contributes to the emerging theory concerning customer-oriented constructive deviance by explaining the antecedents, consequences, and moderators. The study also helps managers deal with customer-oriented constructive deviance in the workplace.

scholarly journals The Expectation Gap In The Legal System: Perception Differences Between Auditors And Judges

2011 ◽  
Vol 10 (3) ◽  
pp. 39 ◽  
Author(s):  
Jordan Lowe
Keyword(s):  
Legal System ◽  
Legal Liability ◽  
Business Owners ◽  
Third Parties ◽  
Third Party ◽  
Bank Loan ◽  
Small Business Owners ◽  
Expectation Gap ◽  
Role Responsibilities ◽  
Loan Officers

<span>The expectation gap, and its related effects on auditor legal liability, has been presumed to be caused by diverging perceptions by the auditing profession and third party litigants regarding the professions role, responsibilities, and related performance. Prior research regarding the expectation gap has focused on diverging perceptions of different groups (i.e. financial analysts, bank loan officers, small business owners, and auditors). While this research has identified an expectation gap between auditors and certain third-parties, it has neglected examining the perceptions of judicial litigants. This absence is somewhat ironic given the current auditor legal liability situation. This study fills this void by comparing judges and auditors attitudes toward the auditing profession. Results revealed a large divergence in perceptions of auditors and judges regarding their expectations of the auditing profession.</span>

scholarly journals THE INFLUENCE OF CIVIL CODE ON ECONOMIC LAW

2021 ◽  
Author(s):  
YUN-LING YU
Keyword(s):  
Economic Development ◽  
Market Economy ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Socialist Market Economy ◽  
Economic Law ◽  
Chinese Characteristics ◽  
The Relationship ◽  
Socialist Market

The promulgation of the "Civil Code" provides a path for the codification of other important legal departments closely related to the socialist market economy and the improvement of the socialist legal system with Chinese characteristics. However, due to the fact that the development of economic law in our country is relatively short and the economic development is changing rapidly, the current economic code is facing numerous obstacles. This article analyzes the relationship between civil law and economic law, drawing on the innovation of the content of the Civil Code, and puts forward new requirements for the development of the content, concept and system of economic law, and promotes the development of economic law.

scholarly journals Role of trademarks in consumer protection

2003 ◽  
Vol 75 (9-10) ◽  
pp. 281-285
Author(s):  
Đerđ Čeči
Keyword(s):  
Market Economy ◽  
Consumer Protection ◽  
Legal System ◽  
Geographic Origin ◽  
Goods And Services ◽  
Trademark Protection ◽  
Product Responsibility

The author analyses in this work development of Hungarian legislature related to trademarks belonging to the period of time between late seventies and present day. He points out that since the reform of legal system and transition to market economy numerous statutes have been passed in order to harmonize civil legislation dealing with consumer protection with the demands of market economy. Some of those statutes have been Law on Product Responsibility (1995), Law on Prohibition of Distorted Competition on Market (1990). Trademarks have been regulated by the XI Statute of 1977. This Statute contains numerous and usual notions related to consumer protection. Some of those notions have effect of an absolute or unconditional exclusion from the trademark protection, especially if they may be misleading for consumers in respect of kind. quality, geographic origin or other features of goods and services.

The Legal Framework of Capital Movements and Current Payments in Palestine and its Compatibility with International Law

2009 ◽  
Vol 23 (2) ◽  
pp. 105-137
Author(s):  
Samer Fares
Keyword(s):  
International Law ◽  
Market Economy ◽  
Legal System ◽  
Free Market ◽  
Legal Framework ◽  
International Standards ◽  
Free Market Economy ◽  
Palestinian Authority ◽  
Capital Movements ◽  
Palestinian Economy

AbstractSince its inauguration in 1994, the Palestinian Authority (PA) has taken responsibility over Palestinian economy and finance. The PA lifted all restrictions on the movement of capital and current payments. Although this has moved Palestinian economy from a heavily controlled economy to a market-based style, the liberalization process was not built on sound legal bases and thus created a legal vacuum. The PA has been working ever since to confirm the Palestinian free-market economy with the introduction of a new well-developed legal system consistent with international standards and norms. Therefore, the objectives of this article are to analyze the Palestinian liberalization process and its compatibility with international law obligations.

Third Party Beneficiary: A Comparative Analysis

1976 ◽  
Vol 11 (3) ◽  
pp. 315-338 ◽  
Author(s):  
Gabriela Shalev
Keyword(s):  
Comparative Analysis ◽  
Legal System ◽  
Common Law ◽  
Third Party ◽  
Critical Examination ◽  
Legal Research ◽  
General Part ◽  
The Common ◽  
Comparative Survey ◽  
The Right

Chapter 4 of the new Israeli Contracts (General Part) Law, 1973, introduces the concept of a contract in favour of a third party, while granting express recognition to the right of a third party beneficiary. Even those, (including the author) who maintain, that the right of a third party beneficiary could and should be derived, even before the commencement of the new Law, from the general principles and premises of the old Israeli law of contract, cannot fail to see in the above-mentioned chapter an important innovation in the Israeli legal system.This paper is a comparative analysis of the institution of third party beneficiary. The analysis will consist of a presentation and critical examination of the central concepts and doctrines involved in the institution under discussion, and it will be combined with a comparative survey of the arrangements adopted in various legal systems. The choice of this approach stems from the particular circumstances of the new legislation.While in most countries, comparative legal research is a luxury, in Israel it is a necessity. The new legislation in private law is inspired to a great extent by Continental codifications. As far as the law of contract is concerned, Israel is now in the process of becoming a “mixed jurisdiction”: departing from the common law tradition and technique, and heading towards an independent body of law, derived from various sources, mainly Continental in both substance and form.

What Went Wrong? The Failure of Soviet Policy on sharī'a Courts in Turkestan, 1917-1923

2010 ◽  
Vol 50 (3) ◽  
pp. 397-434 ◽  
Author(s):  
Paolo Sartori
Keyword(s):  
Central Asia ◽  
Legal System ◽  
Islamic Law ◽  
Transitional Period ◽  
Second Phase ◽  
Policy Changes ◽  
Soviet Government ◽  
Soviet Policy ◽  
Soviet State ◽  
Points Of View

AbstractThe state's attitude towards sharī'a in Soviet Turkestan may seem to have been contradictory. There was a first phase, in the years 1919-1923, when attempts were made to harmonize Islamic law with Soviet legislation in order to better integrate sharī'a courts into the system of the Unified People's Courts. The second phase, starting in 1924, was marked by progressive erosion of the powers of the Islamic judiciary, until it was finally disbanded in 1928. These policy changes are usually explained in the light of a transitional period when the Soviet state in Central Asia accepted compromises as a way to consolidate its hold in the region while it waited for a suitable moment to do away with Islamic institutions. Conversely, the thesis of this paper is that the policy of integration of sharī'a courts into the Soviet legal system was abandoned in 1923 when it was perceived that it would ultimately be unsuccessful. The failure of this venture can be explained by looking at the approach the Soviet government adopted: it attempted to oversee the local judicial orders but the regulations issued were so loose in content as to prove practically ineffective. Soviet legislative bodies sought to define the scope of the shar'ī judiciary within the overall framework of state law, without realizing that qādīs had a range of legal instruments that enabled them to avoid applying Soviet legislation. Accordingly, the main goal of this study is to address the failure of the Soviet policy on sharī'a courts from two points of view: a) by reconstructing the administrative history behind the state decrees which made qādī courts official and regulated their scope; b) by showing how one qādī evaded the prohibition against hearing lawsuits on landholding by resolving disputes on the basis of amicable settlements (sulh).

scholarly journals Trust and Patrimony

2014 ◽  
Vol 38 (2) ◽  
pp. 379-403 ◽  
Author(s):  
Lionel D. Smith
Keyword(s):  
Legal System ◽  
Common Law ◽  
Third Party ◽  
Legal Person ◽  
Fundamental Change ◽  
Legal Institution ◽  
Personal Rights ◽  
The Common ◽  
Trust Property

The French jurist Pierre Lepaulle argued that the common law trust could be best understood, in civilian terms, as a patrimony by appropriation. This argument has been influential in some civilian receptions of the trust. In fact, Lepaulle misunderstood the nature of the common law trust, which is founded on the obligations owed by the trustee in relation to the trust property. The rights of beneficiaries in the common law trust are neither purely personal rights against the trustee, nor are they real rights in the trust property, but rather they are rights over the rights which the trustee holds as trust property; they have a proprietary character since they persist against many third party transferees of the trust property. This analysis of the common law trust leads to the conclusion that it would be a fundamental change to turn the common law trust into a legal person. More generally, it is argued that any legal system that characterizes the trust as a legal person will find that it has ceased to understand the trust as a fundamental legal institution.

scholarly journals THE CAUSES OF LOSING TRUST IN THE GOVERNMENT IN RECENT YEARS IN ALBANIA

2016 ◽  
Vol 4 ◽  
pp. 378-384
Author(s):  
Anisa Proda
Keyword(s):  
Market Economy ◽  
Legal System ◽  
Quantitative Data ◽  
Public Institutions ◽  
The Other ◽  
Communist Regime ◽  
Institutional Performance ◽  
The Public ◽  
The Government ◽  
Governmental Institutions

As the last country in Europe to overthrow the communist regime, Albania has much to achieve in the legal system to build a full democracy. A government should be relied upon to create the necessary reforms to move a country out of transition. The governmental structure can either accelerate or prevent the country’s transition towards a market economy. The other pillar of society that reflects institutional performance is the country’s citizens. Trust is a factor that connects citizens with institutions. The main purpose of this research is to identify causes for citizens to lose their confidence in public institutions. The analysis, supported by quantitative data, aims to show the level of trust that citizens bestow to the most important Albanian public institutions. An Institution for Democracy and Mediation poll and this study’s results of meetings with focus groups were used to illustrate the public’s confidence in the governmental institutions, and to explore the causes of the citizen’s attitude towards the public institutions and their service in Albania.

Sign in / Sign up

Export Citation Format

Share Document