scholarly journals A NEW ROLE OF CAUSATION THEORY TOWARDS ACHIEVING ECONOMIC CONTRACTUAL EQUILIBRIUM: ANNULLING THE ARBITRARY CONTRACTUAL CONDITIONS

2021 ◽  
Vol 29 (1) ◽  
pp. 153-181
Author(s):  
Osama Ismail Mohammad Amayreh ◽  
Izura Masdina Mohamed Zakri ◽  
Pardis Moslemzadeh Tehrani ◽  
Yousef Mohammad Shandi
Keyword(s):  
Subject Matter ◽  
Analytical Approach ◽  
Effective Means ◽  
General Rule ◽  
Civil Code ◽  
Commutative Justice ◽  
The Subject ◽  
Do So

The phrase “who says contractual, says justice” (qui dit contractuel dit juste) does not fully express the truth of present reality, where the phrase itself falls into doubt, since a contract does not always result in fair obligations. In this regard, the French judiciary realized that the absence of justice in a contract might arise as a result of the contractual freedom afforded to the contracting parties. Thus, the idea of Commutative Justice in the contract was developed, such as, the Chronopost’s decision which is considered one of its most important applications. However, the equivalence of rights and obligations in the Palestinian Draft Civil Code only exists in a virtual form, without any content that actually contributes to the achievement of the equivalence between rights and obligations in contracts. This article seeks to prove that the provisions of the causation theory in the Palestinian Draft Civil Code can be used as an effective means for achieving contractual justice between the contracting parties, in order to maintain economic contractual equilibrium of the contract. To do so, the function of the causation theory should be analysed in a comparative analytical approach with the Chronopost’s decision to illustrate the Palestinian legislative deficiencies. It will also show the need for adopting the French judicial approach, which will establish a general rule that any arbitrary clause that contravenes the essential obligation of the contract is considered to be unwritten, regardless of the nature or the subject matter of the contract.

scholarly journals THE PRE-CONTRACTUAL DUTY OF DISCLOSURE IN THE PALESTINIAN CIVIL CODE DRAFT AND ITS ROLE IN MAINTAINING ECONOMIC CONTRACTUAL EQUILIBRIUM

2021 ◽  
Vol 12 (Number 1) ◽  
pp. 119-156
Author(s):  
Osama Ismail Mohammad Amayreh ◽  
Izura Masdina Mohamad Zakri ◽  
Pardis Moslemzadeh Tehrani ◽  
Yousef Mohammad Shandi
Keyword(s):  
Analytical Approach ◽  
Civil Code ◽  
The Other ◽  
Legal Basis ◽  
Legal Provisions ◽  
The Subject ◽  
The Common ◽  
Contracting Phase ◽  
Common European Sales Law ◽  
Do So

Many recent legislations and international principles tend to apply the pre-contractual duty of disclosure as one of the most substantial principles governing the pre-contracting phase, such as Article 1112-1 of the Amended French Civil Code of 2016, Article 1337 of the Amended Italian Civil Code and Article 13 of chapter 2 of the Common European Sales Law, etc. However, the Palestinian legislature has ignored enacting legal provisions imposing the pre-contractual duty of disclosure which causes legislative deficiencies in the legislative remedies of the subject of pre-contractual duty of disclosure. In this regard, this paper suggests orientations for the formulation of the provisions of the pre-contractual duty of disclosure in the Palestinian Civil Code Draft (PDCC). To do so, a comparative analytical approach with the French civil code is used to illustrate the Palestinian legislative deficiencies and the urgent need to legislate a legal article which obligates the negotiating party to disclose any substantial information for the satisfaction of the other party. As such, the contractual equilibrium entails that the pre-contractual duty of disclosure has its own independent essence from all the theories that the jurisprudence adopted as a legal basis for this duty.

Role of Option of Defect in Tenders: A Study under Omani Law

2021 ◽  
pp. 1-17
Author(s):  
Maen Mohammad al-Qassaymeh ◽  
Nayel Musa Shaker al-Omran
Keyword(s):  
Subject Matter ◽  
Civil Law ◽  
Legal Basis ◽  
Bilateral Contracts ◽  
Governmental Body ◽  
The Subject ◽  
Injured Party

Abstract Option of defect is an important theory regulated in Omani Civil Law. It gives the injured party in bilateral contracts an option to rescind the contract if they find a defect in the subject matter of the contract. This theory is deemed a legal basis to refuse objects of sale by tender. In particular, it is useful when a guarantee that is given to the governmental body is insufficient to cover damages, due to bad performance of the contract. This article discusses how the option of defect is applied to sale by tender in Omani law.

Equity and certainty in contract law

Acta Juridica ◽  
2021 ◽  
Vol 2021 ◽  
pp. 141-176
Author(s):  
F Brand
Keyword(s):  
Supreme Court ◽  
Contract Law ◽  
Constitutional Court ◽  
High Court ◽  
Contractual Relationships ◽  
The Supreme Court ◽  
The Subject ◽  
Court Of Appeal ◽  
Do So

The role of abstract values such as equity and fairness in our law of contract has been the subject of controversy for a number of years. In 2002 the Supreme Court of Appeal took the position that these values do not constitute self-standing grounds for interfering with contractual relationships. Despite this being consistently maintained by the SCA in a number of cases, some High Court judges deviated from this position on the basis that they were permitted to do so by some minority judgments and obiter dicta in the Constitutional Court. The uncertainty thus created has fortunately now been removed by the judgment of the Constitutional Court in Beadica v The Trustees for the Time being of the Oregon Trust.

scholarly journals Colour Studies: Clarification and Alpha-Numeric Adaptation of Notation Systems for Artists and Designers

1970 ◽  
Vol 4 (2) ◽  
pp. 121-148
Author(s):  
ZS Ebigbagha
Keyword(s):  
Subject Matter ◽  
Design Education ◽  
Qualitative Approach ◽  
Pivotal Role ◽  
Art And Design ◽  
Wide Range ◽  
The Subject ◽  
Effective Use ◽  
Creative Construction

Colour studies have generated much confusion in art and design education, particularly among students of the discipline in Nigeria. This is due to the complexity of the subject matter itself, wide-range of available materials and a variety of concepts developed in its multi-disciplinarity that is not kept distinct. Therefore, this paper utilizes a qualitative approach that employs the critical, historical, and analytic examination to provide clarification on the constructive and expressive aspects of colour studies. The paper introduces the reader to the pivotal role of colour and its multi-disciplinary interest. Also, it adequately clarifies paradigms and theories in the physical, psychophysical and psychological domains with particular emphasis on areas of practical value to art and design. Moreover, it considers the numeric adaptation of the colour wheel to a set of numbers for harmonic relationship. And it ends with the need for artists and designers to comprehensively grasp the contextual behaviour of colour and develop colour originality through creative construction and effective use in order to successfully express themselves in colour.

scholarly journals LEADERSHIP IN TURBULENT TIMES

2020 ◽  
Author(s):  
David Baiyeshea
Keyword(s):  
Leadership Styles ◽  
Leadership Style ◽  
Subject Matter ◽  
Turbulent Times ◽  
The Subject ◽  
Organizational Objectives

The paper attempts to deconstruct the leadership phenomenon, with emphasis on competencies needed by leaders to thrive in turbulent situations. Leadership has been a topic that has garnered a lot of interest from researchers over the years and as a result of this, there are significant number of literatures on the subject matter. However, there have been discrepancies in definition on the role of leaders, specifically on leadership styles and which style of leadership can be considered the best for all situations. While, there are several discussions amongst scholars on the most appropriate leadership style for all situations, the paper attempts to elucidate that one major thing scholars agree on is that leadership is involves inspiring followers to achieve organizational objectives specifically evaluating the role of leaders as organizational stewards and their ability to restore the balance between an organization and its environment in turbulent times.

scholarly journals Financial leasing as financial and credit support for investment activities of enterprises

2018 ◽  
pp. 59-68
Author(s):  
Tetiana Vasylieva ◽  
Liudmyla Zakharkina ◽  
Oleksii Zakharkin
Keyword(s):  
Comparative Analysis ◽  
Subject Matter ◽  
Statistical Data ◽  
Credit Market ◽  
Legal Regulation ◽  
Financial Leasing ◽  
Current State ◽  
The Subject ◽  
Scientific Rationale

The purpose of the article is to provide scientific rationale of the place and role of financial leasing in financial and credit support for investment activities of enterprises. The subject matter of the research includes various aspects of the current state of financial leasing and ways of its advancement in Ukraine. The article provides an analysis of investment activities based on the volume of investments in Ukraine and determines the role of financial leasing as a funding for investment resources of enterprises. The paper also examines the legal and regulatory framework for financial leasing operations and highlights different interpretations of this form of financing as well as its formal indicators. An analysis of statistical data on the financial and credit market provides important insights into trends of financial leasing contracts and the volume of loans issued to corporate borrowers, and thus makes it possible to conclude that there is a lack of leasing operations in business activities of entities. The point is mainly supported by the fact that financial leasing contracts which have been made lately are not widespread enough after the crisis in 2014. The dynamics of changes in the volume of leasing contracts by dates of signing is considered, and it is found that there is a tendency to shortening the duration of financial leasing services. An industry factor of providing financial leasing services is taken into consideration and the main industries where these services are widespread are described. The existing approaches to evaluating the effectiveness of leasing contracts are systematized. The key challenges that hinder the growth of leasing in Ukraine are identified. The research methods used in the article include: analysis, synthesis and abstraction (for forming the rationale and developing the terminological and conceptual framework of the study); comparison, systematization and logical generalization (for examining the concept of financial leasing, its legal regulation and specific features of using in Ukraine); statistical, structural and comparative analysis (for exploring ways of advancement of financial leasing in Ukraine).

Santa y Andrés: A dossier

2020 ◽  
Vol 17 (3) ◽  
pp. 377-382
Author(s):  
Dunja Fehimović ◽  
Ruth Goldberg
Keyword(s):  
Subject Matter ◽  
Film Industry ◽  
Cuban Revolution ◽  
Original Essays ◽  
Starting Point ◽  
Online Archive ◽  
History Of ◽  
The Subject ◽  
Cuban Cinema

Carlos Lechuga’s film Santa y Andrés (2016) has enjoyed worldwide acclaim as an intimate, dramatic portrayal of the unlikely friendship that develops in rural Cuba between Andrés, a gay dissident writer, and Santa, the militant citizen who has been sent to surveil him. Declared to be extreme and/or inaccurate in its historical depictions, the film was censored in Cuba and was the subject of intense controversy and public polemics surrounding its release in 2016. Debates about the film’s subject matter and its censorship extend ongoing disagreement over the role of art within the Cuban Revolution, and the changing nature of the Cuban film industry itself. This dossier brings together new scholarship on Santa y Andrés and is linked to an online archive of some of the original essays that have been written about the film by Cuban critics and filmmakers since 2016. The aim of this project is to create a starting point for researchers who wish to investigate Santa y Andrés, evaluating the film both for its contentious initial reception, and in terms of its enduring contribution to the history of Cuban cinema.

Teachers' and Students' Role in the Learner-Centered Classrooms

2021 ◽  
pp. 800-813
Author(s):  
Angelina Popyeni Amushigamo
Keyword(s):  
Learning Environments ◽  
Subject Matter ◽  
Thinking Skills ◽  
Critical Thinking Skills ◽  
Learner Centered ◽  
Transmission Of Information ◽  
Teachers And Students ◽  
The Subject ◽  
Role Of Teachers

Prior to Namibia's independence in 1990, the role of the teacher in an educational environment has been defined as the transmission of information to students, and the teacher was regarded as the all-knowing person in the classroom, who slavishly followed the textbook in transmitting the subject matter to the students. In some cases, the teacher did not understand the subject matter that he/she transmitted to students. Therefore, there was no explanation of what was being taught. Students had to sit passively and listen to the teacher; learn by memorization (rote learning), and recall the transmitted information. This study explored perceptions of the role of teachers and students in learner-centered classrooms in a primary school in Namibia. Learner-centered teachers create learning environments that promote students' active engagement with learning and develop critical thinking skills.

scholarly journals The causal role of the somatosensory cortex in prosocial behaviour

eLife ◽  
2018 ◽  
Vol 7 ◽  
Author(s):  
Selene Gallo ◽  
Riccardo Paracampo ◽  
Laura Müller-Pinzler ◽  
Mario Carlo Severo ◽  
Laila Blömer ◽  
...  
Keyword(s):  
Decision Making ◽  
Somatosensory Cortex ◽  
Pain Perception ◽  
Brain Activity ◽  
Body Parts ◽  
High Definition ◽  
The Subject ◽  
Hand Region ◽  
Do So

Witnessing another person’s suffering elicits vicarious brain activity in areas that are active when we ourselves are in pain. Whether this activity influences prosocial behavior remains the subject of debate. Here participants witnessed a confederate express pain through a reaction of the swatted hand or through a facial expression, and could decide to reduce that pain by donating money. Participants donate more money on trials in which the confederate expressed more pain. Electroencephalography shows that activity of the somatosensory cortex I (SI) hand region explains variance in donation. Transcranial magnetic stimulation (TMS) shows that altering this activity interferes with the pain–donation coupling only when pain is expressed by the hand. High-definition transcranial direct current stimulation (HD-tDCS) shows that altering SI activity also interferes with pain perception. These experiments show that vicarious somatosensory activations contribute to prosocial decision-making and suggest that they do so by helping to transform observed reactions of affected body-parts into accurate perceptions of pain that are necessary for decision-making.

The Role of Covert Policing and the Use of Its Results in Criminal Proceedings Involving Unlawful Restraint for Ransom

2017 ◽  
Vol 9 (1) ◽  
pp. 123-0
Author(s):  
Zbigniew Niemczyk
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
The State ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Specific Manner ◽  
The Subject ◽  
Ultimate Objective ◽  
High Level

The article is concerned with the subject matter of covert policing involving cases where a hostage is unlawfully taken and detained with the purpose of forcing other persons to act in a specific manner. Such activities, being among the most difficult procedures relevant to the work of law enforcement agencies, are usually conducted in conditions determined by a rapidly changing factual situation, high level of criminal conspiracy and the state of permanent risk to the hostage’s life, the saving of which is the ultimate objective of public officers. Due to these factors, covert policing related to this kind of cases — given its nature and its investigative potential — becomes extremely important. The author’s aim is to determine the essence and functions of covert policing, and in particular to present conditions which must be met to adequately process covertly obtained intelligence for the needs of criminal proceedings.

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