scholarly journals Contracting on Time

2005 ◽  
Vol 95 (5) ◽  
pp. 1369-1385 ◽  
Author(s):  
Sergei Guriev ◽  
Dmitriy Kvasov
Keyword(s):  
Detailed Analysis ◽  
Continuous Time ◽  
Contract Theory ◽  
Bilateral Trade ◽  
Incomplete Contract ◽  
Optimal Contracts ◽  
Contract Duration ◽  
Unilateral Termination ◽  
Advance Notice ◽  
The Relationship

The paper shows how time considerations, especially those concerning contract duration, affect incomplete contract theory. Time is not only a dimension along which the relationship unfolds, but also a continuous verifiable variable that can be included in contracts. We consider a bilateral trade setting where contracting, investment, trade, and renegotiation take place in continuous time. We show that efficient investment can be induced either through a sequence of constantly renegotiated fixed-term contracts; or through a renegotiation-proof “evergreen” contract—a perpetual contract that allows unilateral termination with advance notice. We provide a detailed analysis of properties of optimal contracts.

Case Analysis: The Gabčíkovo-Nagymaros Case: The Law of Treaties

1998 ◽  
Vol 11 (2) ◽  
pp. 321-344 ◽  
Author(s):  
Malgosia Fitzmaurice
Keyword(s):  
International Law ◽  
Legal Status ◽  
Case Analysis ◽  
Vienna Convention ◽  
Fundamental Change ◽  
Unilateral Termination ◽  
The Subject ◽  
The Law ◽  
International Law Commission ◽  
Law Commission

The subject-matter of this article are the issues of treaty law as expounded in the Judgment in the Gabčíkovo-Nagymaros case. The following problems are discussed: unilateral suspension and abandonment of obligations deriving from the binding treaty; the principle of fundamental change of circumstances; unilateral termination of a treaty; applicability of the 1969 Vienna Convention on the Law of Treaties in this case; legal status of so-called ‘provisional solution’; impossibility of performance and material breach of treaty; the application of the principle of ‘approximate application’; and the principle pacta sunt servanda. The issues arc discussed at the background of the Drafts of the International Law Commission.

Dismissal with Monetary Consideration under Art. 232, para. 2 of the Labour Code

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Hristo Banov ◽  
Keyword(s):  
Employment Relationship ◽  
The Other ◽  
Employment Contract ◽  
Other Hand ◽  
Unilateral Termination ◽  
The Law ◽  
The One ◽  
Rules Set ◽  
Final Calculation

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.

Evaluating the Current Menu of Legal Forms for Social Enterprise

2017 ◽  
Author(s):  
Dana Brakman Reiser ◽  
Steven A. Dean
Keyword(s):  
Social Enterprise ◽  
First Generation ◽  
Organizational Leaders ◽  
Legal Regime ◽  
Social Good ◽  
Social Mission ◽  
Benefit Corporation ◽  
Unilateral Termination ◽  
Legal Forms

This chapter shows why legal forms recently developed to house social enterprise, such as the benefit corporation, leave social mission vulnerable to unilateral termination. Benefit corporation statutes grant shareholders unfettered discretion to discard social mission at any time. L3C statutes grant the same autonomy to entrepreneurs. In either case, the entity’s social mission can be shed without penalty, so adopting the form provides little reassurance of entrepreneurs’ and investors’ commitments. The chapter traces this weakness in part to the statutes’ inadequate mandate that adopting entities “do both” profit-making and social good generation. Without guidance to organizational leaders on how much of each objective to produce and which to prioritize when they conflict, entrepreneurs and investors do not know what to expect. This first generation of social enterprise law achieved an important expressive victory, but it represents only a first step towards creating a legal regime that helps them to flourish.

scholarly journals Sekuritisasi Pandemi COVID-19 dan Tatanan Neoliberal: Menuju Deliberalisasi Ekonomi Global?

2021 ◽  
Vol 14 (1) ◽  
pp. 1
Author(s):  
Yasmin Nur Habibah ◽  
Januar Aditya Pratama ◽  
Teduh Gentar Alam
Keyword(s):  
The United States ◽  
Medical Industry ◽  
National Interests ◽  
Health Security ◽  
State Action ◽  
The People ◽  
Unilateral Termination ◽  
Economic Practices ◽  
Production And Distribution ◽  
The Status

This paper is aimed to find the potential trends of the protectionism of countries and their independence on global economic chains in the midst of the COVID-19 outbreak. Securitization is a state action to increase the status of an issue into an existential threat. In accordance with the theory of securitization, since the spread of COVID-19 becomes a pandemic and threatens health security of the people, countries take part in securitization actions through the application of rules on limiting medical industry transactions, whose products are urgently needed by other countries together with the securitization of the COVID-19 pandemic issues. Thus, the authors examine the acts of securitization from case studies of three countries: Britain, France, and the United States, as samples from countries supporting neoliberal order who has done this action. So, it is known that during the pandemic, countries in the world failed to maintain their liberal economic practices. Then, weaknesses are found in the global liberal economic system, where the dependency of the production and distribution chains on one another can lead to vulnerability to unilateral termination by several involved countries which prioritize their national interests and re-implement economic nationalism.

scholarly journals Tinjauan Yuridis terhadap Penyelesaian Wanprestasi Perjanjian Asuransi dalam Putusan No. 537/Pdt.g/2013/PN.MDN

2019 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Arnol Faisal Siallagan ◽  
Taufik Siregar
Keyword(s):  
Data Analysis ◽  
Qualitative Data ◽  
Dispute Settlement ◽  
Secondary Data ◽  
Insurance Companies ◽  
Procedure Code ◽  
Legal Term ◽  
Unilateral Termination ◽  
Term Insurance ◽  
Insurance Agreement

<p class="1judul"><em>Juridical Review Of Completion Of Insurance Agreement Wanprestation in No. 537/Pdt.g/2013/PN.MDN</em></p><p class="JudulAbstrakInggris">Abstract</p><h1>Insurance is a legal term (legal term) used in legislation and insurance companies. The term insurance comes from the word "insurance" which means insurance or protection of an object from the threat of danger that causes loss. Insurance institutions are known in Indonesia since the entry of European countries to Indonesia. Insurance institutions officially enter Indonesia since the enactment of the Criminal Procedure Code which applies to Indonesia on the basis of the concordance principle contained in Stb. 1943 No. 23 which was promulgated on April 30, 1947, and entered into force on May 11, 1948. This type of research is normative juridical and analytical descriptive in nature. Sources of data obtained in this study through secondary data, and data analysis in the study using qualitative data analysis. Based on the results of research conducted by the author, insurance companies are only responsible for losses suffered by policyholders, if the loss is not made due to intentional. In agreements between insurance companies and agents, each has rights and obligations that must be carried out in good faith. Dispute settlement agency agreement is carried out with 4 stages, first, deliberation stage, second, warning stage, third, unilateral termination stage, fourth, compensation stage.</h1>

scholarly journals Perlindungan Hukum Terhadap Franchisee Akibat Pemutusan Sepihak dalam Perjanjian Franchise

2021 ◽  
Vol 2 (3) ◽  
pp. 491-495
Author(s):  
I Gusti Ngurah Md Rama Andika ◽  
Ni Luh Made Mahendrawati ◽  
Ida Ayu Putu Widiati
Keyword(s):  
Research Methods ◽  
Legal Protection ◽  
Legal Research ◽  
Large Loss ◽  
Unilateral Termination ◽  
Laws And Regulations

In the implementation of a franchise agreement, it is not uncommon for the agreement not to be implemented due to a unilateral termination by the franchisor. Considering that the franchisee in the franchise agreement is in a weaker position, in the event of a unilateral termination, it will suffer a large loss. However, in the laws and regulations, there are no clear arrangements for the protection of franchisees who experience unilateral termination who actually experience losses. The purpose of this study is to analyze the franchise agreement may be terminated unilaterally by the franchisor and the legal protection of the franchisee against the unilateral termination of the franchise agreement by the franchisor. This study uses normative legal research methods using primary legal materials, with the types of approaches used are statutory approaches, case approaches and conceptual approaches. Legal sources are then analyzed systematically. Based on the results of the study, it can be concluded that basically the franchise agreement cannot be terminated unilaterally unless the void conditions stated in the contract have been fulfilled and legal protection for the franchisee against the losses he has suffered can be sued for compensation based on default.

When Clients Drop Out: How Do Psychologists Respond to Premature or Unilateral Termination?

2011 ◽  
Author(s):  
Ana C. Wozenilek ◽  
Andrew M. Pomerantz ◽  
Jon C. Pettibone ◽  
Dan J. Segrist
Keyword(s):  
Drop Out ◽  
Unilateral Termination

THE LIABILITY OF UNILATERAL TERMINATION BY GOVERNMENT ON GOODS AND SERVICE PROCUREMENT CONTRACT

2018 ◽  
Vol 2 (1) ◽  
pp. 16
Author(s):  
Anton Cahyono ◽  
Ninis Nugraheni ◽  
Mokhamad Khoirul Huda
Keyword(s):  
Legal Regulation ◽  
Service Contract ◽  
Public Facilities ◽  
Procurement Contract ◽  
Unilateral Termination ◽  
Public Contracts ◽  
Contract Termination ◽  
The Government ◽  
Service Procurement ◽  
Procurement Contracts

<p>The increasing development in Indonesia, particularly the development of public facilities and infrastructures makes many public contracts, commonly called governmental goods and service contract, increase as well. It is a contract which one of the parties involves the government. In Indonesia, goods and service procurement contracts are not always well-conducted as expected. Lawsuits, which one of those is the liability from one party, may reveal in such contracts. Therefore, this study would discuss about an issue of unilateral contract termination on good-and-service procurement contract along with its solution. Referring to legal regulation related to governmental good-and-service procurement contract, President’s Regulation No. 54 Year 2010 on Governmental Goods and service Procurement and had been amended by President’s Regulation No. 4 Year 2015 about the Forth Amandment of President’s Regulation No. 54 Year 2010 about Governmental Goods and service Procurement.</p>

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