Conclusion of business contracts in the field of electronic commerce

The epidemic caused by the SARS-CoV-2 virus (COVID-19) has necessitated the search for new formats of doing business. Companies that have taken the initiative and taken advantage of e-commerce have been able to achieve significant success. This article is devoted to a comprehensive analysis of the legislation of Ukraine on the subject of legal regulation of requirements for the form, content and procedure for concluding a business agreement in the relevant field. The main requirements related to the specifics of the implementation of contractual relations in this area are primarily related to the circulation of electronic documents, as well as the need to certify the integrity of the data transmitted by them. As a result of the study, it was found that the basic requirements for concluding a business contract in the traditional form remain relevant in the field of e-commerce. At the same time, the legislation over-regulates some aspects of the contractual relationship, leaving the parties little freedom to choose modern means of communication.

Identities and Precariousness in the Collaborative Economy, Neither Wage-Earner, nor Self-Employed: Emergence and Consolidation of the Homo Rider, a Case Study

In recent years, courier and home delivery services have experienced extensive growth around the world. These platform companies, that operate through applications on smartphones, have experienced the benefits of the technological leap that has been produced by the conditions imposed by the COVID-19 pandemic and its restrictions on traditional commerce. This business model integrates novel elements that move away from a classic contractual relationship, employer-employee. They combine a strong cooperative culture, integrated by company values and principles that make the rider assume an identity that defines him/her as a worker and a member of a community. In addition, on the other hand, precarious working conditions, in which extreme competitiveness among colleagues and dependence on high standards of service compliance are encouraged. In Spain, there is a lack of research on the identity of workers in this type of platform. By means of in-depth interviews with drivers of two different companies in the Region of Murcia (Spain), the main objective of this article is to identify and describe the figure of what we define as homo rider, understood as a prototype individual in the context of contemporary labor relations, linked to the incorporation of new technologies for the intermediation and interconnection between people, goods and services. We approach to the socioeconomic spectrum and identity imaginary of the homo rider through two dimensions, material and ideological, to construct this broad, ambiguous figure between self-employment and wage-earner that would also represent a complex relation between precarious work and new technologies.

Principal-agent Relationships: A Note on Biomass Depletion

Public authorities frequently mandate public or private agencies to manage their renewable natural resources. Contrary to the agency, which is an expert in renewable natural resource management, public authorities usually ignore the sustainable level of harvest. In this note, we first model the contractual relationship between a principal, who owns the renewable natural resource, and an agent, who holds private information on its sustainable level of harvest. We then look for the Pareto-optimal allocations. In the situation of an imperfect information setting, we find that the Pareto-optimal contracting depends on the probability that the harvesting level stands outside the sustainability interval. The information rent held by the agent turns out to be unavoidable, such that stepping outside the sustainability interval implies the possibility of depletion of the renewable natural resource. This, in turn, compromises the maintenance of the ecological balance in natural ecosystems.

Claims in construction projects: how causes are linked to effects?

Purpose Claims are increasingly becoming a norm in construction projects and thus an area that is attracting interventions through researches. This paper aims to establish causes–effects relationship of claims in construction projects. Design/methodology/approach This is correlation study type of study that attempts to establish causes–effects relationship of claims in construction projects. Significant causes and effects of construction claims were determined using one-sample t-test. To establish the relationship, the significant causes and effects of construction claims were correlated using bivariate correlation analysis. Findings Among the significant causes, variations, change of scope of the project and delay in completion of works have high level of significant positive relationship with five to six other causes and positive relationship with multiple effects ranging from five to six. Besides, among significant effects, delay in completion and delivering of construction projects, poor contractual relationship among parties and extension of time have significant positive relationship with multiple causes. Research limitations/implications The findings of this study are limited to causes-causes relationship and causes–effects relationship of claims in construction projects. This means effects–effects relationship was not covered that could be an important area to investigate as some of causes and effects are at times termed interchangeably. Practical implications With reference to previous studies which have focused on determining the causes and effects of construction claims, the findings of the current study have specific contribution on claims management as it divulges the causes of constructions claims that have multiplier effects to the project as a result of their linkage. Originality/value The paper unveils causes of claims with multiplier effects to construction projects for project participants to devise strategies to minimize and consequently eliminate them.

Increasing standardization for smart(er) contracts

Legal standardization traditionally played an important role in contractual relations. With technological and commercial development and expansion of trade from the individual and collective levels to internationalization, it became necessary to create a set of standards to keep pace with this development and facilitate the contractual process. Although smart contracts are considered a leap in the contractual relationship, it cannot be overlooked that these contracts share many characteristics with traditional contracts. To gain a greater position in the global market, smart contracts also need to be well functioning and efficient. In this context, the article tackles the phenomenon of legal standardization and identifies the main weaknesses of smart contracts—to answer two crucial questions: how can these contracts be smarter, and how should we employ standardization to ensure their efficiency?

Associated work in a cooperative is neither dependent work nor selfemployed work

The celebration of the 100th anniversary of the ILO’s Cooperatives Unit sparked interest in reviewing the progress made by this institution in relation to the recognition and promotion of worker cooperatives. To this end, the Promotion of Cooperatives Recommendation (2002) and the Guidelines concerning statistics of Cooperatives (2018) were taken as the focus of study. From the analysis of both documents, the conclusion was drawn that although the former calls for the recognition of cooperatives in the terms established by the ICA, and for their promotion by States, establishing a legal framework favourable to them and compatible with their nature as self-managed enterprises, the fact is that associated work is still not recognised as a mode of work distinct from dependent work (wage-based) and self-employed(individual) work. This lack of recognition does not correspond to the recommendations of the ICA (2005) claiming that “the relationship of the worker-member with their cooperative should be considered as distinct from that of conventional wage-based dependent work and self-employed work”. The lack of recognition is often attributed to the modest size of these cooperatives and their possible use to circumvent the application of labour law. However, as we have shown, the former cannot be proven, and the latter is not sufficient reason to ignore or prohibit them, since there are other means to combat fake cooperatives. The lack of a contractual relationship between the worker-member and the cooperative is not a weakness but a strength and is the result of having a specific legal type for the cooperative, as opposed to other countries such as France or Italy which, because they lack such a type, are incorporated as Public Limited Companies or Limited Liability Companies, and subsequently hire their members so that they can work in their company.

Pre-contractual relational governance for public–private partnerships: how can ex-ante relational governance help formal contracting in smart city outsourcing projects?

In the literature on relational governance, it is often assumed that relational governance emerges primarily after formal contracting and acts as a functional supplement to a formal contract. In this article, we show that especially facing deep uncertainties, relational governance can emerge before the start of formal partnerships, in the form of trust-building, exchanging resources, and fostering flexibility. Based on a case study of a smart city outsourcing project, this article introduces a forward-extended framework of relational governance that captures the pre-contractual dimensions of relationship cultivation and their role in facilitating formal contracting. The study finds that pre-contractual relational governance facilitates formal contracting by reducing substantive, evaluative, technological, and procedural uncertainties in the project and helps the partners to design an elaborative contract, undergo an easy negotiation, adopt short-term contracts, and use simple monitoring and evaluation methods. The article thus argues that only understanding post-contractual relational governance is insufficient for exploring the relation between formal contracting and relational governance; facing deep uncertainties, it is necessary to understand how public and private parties develop their pre-contractual relationship and reduce the uncertainties before a formal contract can be signed. Points for practitioners Practitioners should realize that there is much room for relational governance in the pre-contractual phase of PPP projects when the projects are rife with various uncertainties. Public and private parties can take measures to build trust, foster flexibility, and create interdependence before a formal contract is signed. These ex-ante relational governance measures can facilitate formal contracting by reducing the various uncertainties, making a formal contract designable, making negotiation smooth and easy, and reducing the need for contract supervision.

Boom and Bust Archaeology

As a discourse analysis of historical resource assessment documents and interviews with professional archaeologists, this study aims to inspect and critique the production of value in the Alberta historical resource value (HRV) system. The system of evaluation for historical value creates what can be described as a presence-absence model of archaeological significance that limits the ability for archaeologists to interpret and subjectively determine the historical value of materials. In addition, current systems often rely on a contractual relationship between archaeologists and industry to produce these reports, and rarely incorporate indigenous perspectives of significance. With a focus on the assumptions and functional result of HRIA assessments, we can examine the repercussions of the contemporary archaeological evaluative model within Alberta. A goal of this nascent assessment is to provide the opportunity for evaluation of a system that largely exists below the surface of public interest but has vast implications for future access to shared historical resources.

Problems development of hotel industry

The essence of the principle of network organization is that multi-level hierarchy is replaced by groups of enterprises, and specialized units coordinated by market mechanisms replace administrative mechanisms. Franchising, one of the forms of hotel management, is a contractual relationship between companies with a well-known brand and other hotels. As well as the positive role of franchising management in the hotel chain, there are also a number of problems. Key words: hotel, Franchising, hospitality, industry, service, tourist