Base estoppel and its impact on modifying the binding force of the contract

2021 ◽  
Author(s):  
Asos Namiq
Keyword(s):  
Good Faith ◽  
The Other ◽  
Full Time ◽  
Contractual Obligation ◽  
Binding Force ◽  
Other Hand ◽  
The Subject ◽  
Contractual Obligations ◽  
The One ◽  
The Right

The contract is the Sharia of the Contracting Party as a rule that does not govern the contract only upon formation, but also upon execution, since the terms of the contract are transformed, after its formation, into a law that imposes itself, and its sanctity cannot be violated. That is, when the contract is valid and enforceable, it must be executed according to what it contains and in accordance with good faith and trust between people, and this is called the principle of binding force of the contract. Whenever the contract is binding on both parties, one of the parties cannot be the only one to rescind or amend it. The mandatory limits of the contract are not limited to what the contracting parties have agreed only, but include all of its requirements in accordance with legislative and customary rules, and what justice requires, and what is imposed by the nature of the full-time obligation of the contract. When executing the contract, the extent of the debtor’s commitment to the contract is measured in the manner in which it is implemented, and his agreement with the requirements of the contract, that is, the closer the method of implementation is with the requirements of the contract, the debtor is considered on the right path in fulfillment, and the more the method of implementation is far from the requirements of the contract, the debtor is considered in breach of his contractual obligations. Since the debtor may deviate from the prescribed path in some cases due to the difficulty of implementing the obligation on the one hand, and the difficulty of harmonizing the circumstances and methods of implementation on the other hand, the law allowed the creditor to object to the debtor’s behavior whenever he saw it as different from the contract based on the binding force of the contract. But this right granted to the creditor is not an absolute right. Rather, it is restricted by his act or statement that revealed to the debtor the safety of his conduct in the implementation of the contract, meaning that despite the recognition of the right to object to the creditor, the creditor may be suspended by what was previously issued by him, i.e. closed The door of objection to it, and this is called the rule of judgment closure that we have chosen as the subject of our study. We deal with it by research and study to show the limits of this rule, and its impact on modifying the binding force of the contract, whether by making mandatory certain clauses in the contract or even creating new clauses, or by stripping a contractual obligation of its binding force.

Ch.3 Validity, s.2: Grounds for avoidance, Art.3.2.9

2015 ◽  
Author(s):  
Huber Peter
Keyword(s):  
Good Faith ◽  
The Other ◽  
Other Hand ◽  
The One ◽  
The Right ◽  
Do So

This commentary focuses on Article 3.2.9 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning confirmation. Under Art 3.2.9, if the party entitled to avoid the contract expressly or impliedly confirms the contract after the period of time for giving notice of avoidance has begun to run, avoidance of the contract is excluded. Art 3.2.9 serves two purposes. On the one hand, it restricts the right to avoid the contract in a certain type of situation where the avoidance would be contrary to good faith. On the other hand, it emphasizes the fact that the party entitled to avoid the contract under the preceding provisions is not obliged to do so, but may also elect to treat the contract as valid. This commentary discusses the requirements for confirmation, whether express or implied, and the ground for avoidance, time for confirmation, and the effect of confirmation on the right to avoid the contract.

Productivity of French and Dutch (semi-)copular constructions and the adverse impact of high token frequency

2021 ◽  
Author(s):  
Niek Van Wettere
Keyword(s):  
Frequency Distribution ◽  
The Other ◽  
Adverse Impact ◽  
Frequent Type ◽  
Token Frequency ◽  
Semantic Classes ◽  
Other Hand ◽  
The Subject ◽  
The One

Abstract This paper examines the productivity of the subject complement slot in a set of French and Dutch (semi-)copular micro-constructions. The presumed counterpart of productivity, conventionalization in the form of high token frequency, will also be taken into account in the analysis of the productivity complex. On the one hand, it will be shown that prototypical copulas generally have a higher productivity than semi-copulas, although there are some semi-copulas that can rival the productivity of prototypical copulas. On the other hand, it will be demonstrated that high token frequency is in general detrimental to productivity, on the level of the entire subject complement slot and on the level of the different semantic classes. However, the shape of the frequency distribution also seems to play a role: multiple highly frequent types are in my data more detrimental to productivity than one extremely frequent type, although the semantic connectedness of the types in the distribution might also be an explanatory factor.

Grotian Moments and Peremptory Norms of General International Law: Friendly Facilitators or Fatal Foes?

Grotiana ◽  
2021 ◽  
Vol 42 (2) ◽  
pp. 335-353
Author(s):  
Dire Tladi
Keyword(s):  
International Law ◽  
The Other ◽  
High Threshold ◽  
Other Hand ◽  
State Practice ◽  
The One ◽  
Jus Cogens ◽  
The Right ◽  
Peremptory Norms ◽  
Law Making

Abstract The concept of a Grotian moment remains rather obscure in international law. On the one hand, it can refer simply to an empirical fact which galvanises the ordinary law-making processes, whether treaty-making or State practice, resulting in major shifts in international law. On the other hand, a Grotian moment might be seen as an event so significant that it results in an extraordinary shift in international law without full adherence to the processes for law-making. The former understanding has little legal significance, while the latter, which would be legally significant, would be controversial and without legal basis. Against this background the article discusses the intersections between peremptory norms and Grotian Moments. It does this by looking at the intersection between the two concepts as well as the intersection between Grotian Moments, on the one hand and, on the other hand, particular jus cogens norms. With respect to the former, for example, the article will consider whether the high threshold of peremptory status facilitates and hinders Grotian moments. With respect to the latter, the article will consider particular norms that have been said to have shifted on account of the Grotian moments, namely the right to use of force in self-defence as well humanitarian intervention.

Probleme de interpretare privind constituționalitatea și capacitatea juridică a subdiviziunilor administrativ-teritoriale

2020 ◽  
Vol 2019 ◽  
pp. 126-133
Author(s):  
Vlad-Cristian SOARE ◽  
Keyword(s):  
Legal System ◽  
Administrative Law ◽  
The Other ◽  
Political Regime ◽  
Legal Capacity ◽  
Other Hand ◽  
The One ◽  
The Right ◽  
The Revolution

"The fundamental transformations through the Romanian state passed since the Revolution of December 1989, have also put their mark on the legal system. For this reason, there have been major changes in the content of administrative law. However, the regulation of the territorial-administrative subdivisions survived the change of political regime, due to Law 2/1968. Moreover, regulations on administrative-territorial subdivisions are also found in Law 215/2001 and in the 1991 Constitution, revised in 2003. This has led to problems of interpretation. Thus, on the one hand, we need to identify who has the right to constitute administrative-territorial subdivisions, and on the other hand, it must be seen whether the answer to the first question, leads to a possible interpretation that would be unconstitutional. At the same time, administrative-territorial subdivisions have created problems of interpretation regarding their legal capacity. Through this article, we have proposed to look at the issues mentioned above."

The ‘Pistola’ of Cerveri de Girona

Traditio ◽  
1948 ◽  
Vol 6 ◽  
pp. 161-185
Author(s):  
Kurt Lewent
Keyword(s):  
The Other ◽  
Love Affair ◽  
Other Hand ◽  
Good Taste ◽  
Moral Argumentation ◽  
The Subject ◽  
Way Of Thinking ◽  
The One ◽  
The Cost ◽  
Troubadour Poetry

Cerveri was decidedly no poetical genius, and often enough he follows the trodden paths of troubadour poetry. However, there is no denying that again and again he tries to escape that poetical routine. In many cases these attempts result in odd and eccentric compositions, where the unusual is reached at the cost of good taste and poetical values. On the other hand, it must be admitted that Cerveri's efforts in this respect were not always futile. His is, e.g. an amusing satire upon bad women. One of his love songs, characteristically called libel by the MS (Sg), assumes the form of a complaint submitted to the king as the supreme earthly judge, in which the defendant is the lady whose charms torture the lover and have made him a prisoner. This poem combines the traditional praise of the beloved and a flattery addressed to the king. Its slightly humoristic tone is also found in a song entitled lo vers del vassayll leyal. Here Cerveri, basing himself on a certain legend connected with St. Mark, gives the king advice in his love affair. Again the poet kills two birds with one stone, flattering the sovereign and pointing, for obvious purposes, to his own poverty. The latter is the only topic of a remarkably personal poem in which the author complains bitterly that, while many of his playmates have become rich in later years, the only wealth he himself did amass were the chans gays and sonetz agradans which he composed for other people to enjoy. Cerveri even tries to renew the traditional genre of the chanson de la mal mariée by adding motifs of—presumably—his own invention. This tendency towards a more independent way of thinking and greater originality in its poetical presentation could not be better illustrated than by the two poems which the MS calls Lo vers de la terra de Preste Johan and Pistola The one puts the poet's moral argumentation against the background of the medieval legend of Prester John, the other, which forms the subject of the present study, sets its teachings in a still more solemn framework, the liturgy of the Mass.

A Propos De Ta Sa Fuqin Si-Le

1987 ◽  
Vol 16 (2) ◽  
pp. 237-257
Author(s):  
Robert Iljic
Keyword(s):  
The Other ◽  
Proper Noun ◽  
Intransitive Verb ◽  
Other Hand ◽  
Accepted Standard ◽  
The Subject ◽  
The One ◽  
Contemporary Chinese

The sentences of the type above mentioned are characterized, on the one hand, by the cooccurrence of bă with an intransitive verb, on the other hand, by the classifier ge following bă and introducing a noun relative to a unique referent. This type of sentence, quoted by most major contemporary Chinese grammars, and to be traced in baihuà texts, doesn't seem, nowadays, to pertain any longer to a universally accepted standard. This paper demonstrates that in these sentences, as in all bă constructions, bă actually marks a patient (even if the latter may be the subject-of an intransitive verb); besides, given its position before bă, a certain agentivity is always conferred to a noun in topic position, even if this agentivity, taken to its far end, boils down to the only desire of having been able to do something to prevent a given event (a point in case: the death of a father); finally, the function of ge before a proper noun or a noun semantically determined as unique, which can be found in some other sentences, isn't to count, that is, to indicate a quantity. but to emphasize the qualitative value of the noun (the father insofar as he is a father), the effect being to underline the value (price) that the speaker attaches to a given person or thing, hence the modal connotation ascribed to such sentences.

scholarly journals THE CRITICISM OF LITERALISM IN READING THE QUR'AN THROUGH NASR HAMID ABU ZAYD HERMENEUTICS

2019 ◽  
Vol 4 (1) ◽  
Author(s):  
Naupal Naupal
Keyword(s):  
The Other ◽  
Hermeneutic Circle ◽  
Text Interpretation ◽  
Arab Culture ◽  
Other Hand ◽  
Interpretation Process ◽  
The Subject ◽  
The Times ◽  
The One

Abu Zayd believes that understanding the Qur'an is not limited to explanations or comments. It involves an interpretation process for capturing the significance (maghza) from the literal text. Interpretation also requires a presupposition that the Qur'an itself does not produce literal absolutes and certainty. The presupposition needs an interpretation that illustrates the possibility of accepting the diversity of Qur'anic interpretations in the times. By using Abu Zayd's hermeneutics, the Qur'an is an icon of Islam and at the same time a representation of Arab culture itself which is not necessarily literally absolute, but is open to interpretation. Hans Georg Gadamer's hermeneutic circle that inspired Hermeneutics of Abu Zayd emphasized that in understanding and applying the meanings of the text, the subject played a role in the text rather than the other way around. This study aims to open opportunities that the Qur'an on the one hand is an objective thing seen from the content of its truth, that is seen from its universal message, but on the other hand it is subjective, because it is bound by the interpretation of the text. This research is also intended to avoid the sacredness of the ordination of a single interpretation of the Qur'an which has resulted in the emergence of fundamentalism which has recently become so prevalent in global Islamic societies, not least in Indonesia.

scholarly journals Mytens tvang

1999 ◽  
Author(s):  
Lars Albinus
Keyword(s):  
Blind Spot ◽  
The Other ◽  
Instrumental Reason ◽  
Ancient Greek ◽  
Self Reflection ◽  
Negative Dialectics ◽  
Other Hand ◽  
The Subject ◽  
The One

The purpose of the article is to show how the negative dialectics of Adorno gets involved with a concept of myth that is questionable in several respects. First of all, Adorno tries to combine, but rather conflates, two understandings of myth. On the one hand, the concept of myth is defined as the ancient Greek mythos, in which the subject of man is projected on to nature; on the other hand, myth is defined as the backfire of enlightenment, in which self-reflection becomes the blind spot of instrumental reason. Along these lines of argument, Adorno’s interpretation of Homer, which, at any rate, is highly inspiring, attempts to demonstrate that Odysseus is already enlightened in that he keeps the myth at bay in order to gain his self. The point is, as a matter of dialectic necessity, that he just ends up in myth once again, albeit in the second sense, namely by being a victim of his own self-denial. A question that seems to remain unanswered, though, is how the two kinds of myth are related. Further, Adorno draws on a problematic distinction between myth and literature in order to claim that Homer separates himself from the realm of myth. By adopting Adorno’s own game of interpretation, however, it is possible to regard myth as such, including the Homeric one, as being contingently open-ended rather than just a matter of dialectic determination.

scholarly journals La interpretación del mandamiento del amor en la ética kantiana. The Interpretation of Love Commandment in Kantian Ethics

2017 ◽  
Author(s):  
Juan Pablo Martínez Martínez
Keyword(s):  
The Other ◽  
Moral Experience ◽  
Kantian Ethics ◽  
Other Hand ◽  
The One ◽  
The Right ◽  
Correct Understanding

La exégesis que Kant lleva a cabo del mandamiento evangélico del amor en la KpV y en la Fundamentación de la Metafísica de las costumbres pone en juego algunos de los principales aspectos de la “doctrina” ética kantiana. En este trabajo me propongo analizar si el enfoque moral kantiano sería el instrumento hermenéutico adecuado para una correcta comprensión no sólo del imperativo evangélico, sino de la realidad ética en la que el hombre, por un lado, se desenvuelve, y por otro lado, vivencia precisamente en medio de los valores ambivalentes o más bien anfibológicos que caracterizan a toda experiencia moral humana impresa con el sello de la autenticidad.The exegesis that Kant realizes about the Gospel commandment of love in the KpV and the Groundwork of the Metaphysic of Morals shows some of the main aspects of the “doctrine” Kantian ethics. In this paper, I will analyze whether the kantian moral approach would be the right tool to get a correct understanding of the imperative Gospel and the ethics reality in which, on the one hand, the man grows and, on the other hand, has experience right in the middle of ambivalent or ambiguous values that distinguish every human moral experience printed with the stamp of authenticity.

The Animistic Way: Contemporary Paganism and the Posthuman

Poligrafi ◽  
2021 ◽  
pp. 107-127
Author(s):  
Victoria Dos Santos
Keyword(s):  
Natural World ◽  
Julia Kristeva ◽  
The Other ◽  
Relational Ontology ◽  
Other Hand ◽  
The World ◽  
Human World ◽  
The Subject ◽  
The One ◽  
Contemporary Paganism

This article aims to explore the affinities between contemporary Paganism and the posthuman project in how they approach the non-human natural world. On the one hand, posthumanism explores new ways of considering the notion of humans and how they are linked with the non-human world. On the other hand, Neopaganism expands this reflection to the spiritual domain through its animistic relational sensibility. Both perspectives challenge the modern paradigm where nature and humans are opposed and mutually disconnected. They instead propose a relational ontology that welcomes the “different other.” This integrated relationship between humans and the “other than human” can be understood through the semiotic Chora, a notion belonging to Julia Kristeva that addresses how the subject is not symbolically separated from the world in which it is contained.

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