The Impact of Contracting on the Portuguese National Health System

All treatments, materials, instruments, exams, vaccines, tests, hospitalizations, surgeries, human resources, investigations, medicines, autopsies, among many other services provided by the National Health System (SNS). Therefore, funding is required, and the external services and supplies to which the SNS must constantly update its technologies and the necessary and continuous training and essential maintenance and cleaning expenses. Moreover, health financing has been a matter of great concern, both nationally and internationally, as health expenditures are growing faster than economic growth. Over the years, efficiency in resource allocation has always been a desirable objective, but one that is not easy to achieve. The truth is that there is much waste in allocating resources. Thereby, this study analyzes the impact of the contractualization process to which Portugal has adhered, which is most similar to a privatization model; that is, we sought to understand whether the contractualization of the SNS has a favorable effect on the economic level. However, after the entire process and development of the work, it is concluded that the contracting had a negligible impact. The repercussion that it had on the economic performance of Portuguese Hospitals was in a negative sense. In the statistical analyses it was used tests of differences between averages, to check the behavior of the economic performance of hospitals towards the contracting process. It was taken data of reports and accounts from a sample of fifteen Portuguese Hospitals S.A. that went through this contracting process from 2003 to 2017, in order to calculate the four indicators, such as: Return On Assets (ROA); Return On Equity (ROE); Economic Value Added (EVA) and the Market Value Added (MVA). For each of these indicators, were analyzed and compared the resulted effects between the period of two years before and two years after the contracting process. From the obtained results, we can conclude that contracting process had little impact on the economic performance of Portuguese Hospitals and the resulting impact was not favorable.

Locative Prepositions “at, in, on” and Translation to Vietnamese Through Frameworks

Based on the role of the frame of reference under the influence of point-of-view culture in the British and Vietnamese ethnic groups used as a cognitive premise in the translation, the article presents the justification of the contracting process about the reasons, similarities and differences as well as the semantic differences of the locating preposition “at, in, on” in English with the corresponding linguistic units in Vietnamese through specific communication contexts. Research results show that if the reference object (DTQC) in the positioning reference system of the English preposition is assimilated with the speaker in Vietnamese [similar to the reference frame in the reference system] then, the translation semantics of the preposition “at, in, on” will be similar to the expression semantics of the corresponding units in Vietnamese. In contrast, the different structural semantics are manifested because there is no similarity in the frame of reference.

Bargaining over beauty: The economics of contracts in Renaissance art markets

This paper argues that concerns over opportunism affected the content and structure of Renaissance art contracts. Building on insights from the economic analysis of contracts, we first show that opportunism threatened the relationship between buyer—the patron—and seller—the painter—in Renaissance Italy. We then test the effect of opportunism on the contracting process for paintings against a novel data set on the content and structure of ninety documents corresponding to as many commissions. Our results provide evidence that concerns over opportunism had a systematic effect on the trading parties’ choice of how much and what to include in the contract governing their ex-change.

Public procurement capabilities as engines for collaboration and enhanced performance in complex projects

PurposeThis paper explores how public buyers' capabilities promote collaboration with private suppliers to obtain enhanced performance in complex projects.Design/methodology/approachThe authors conducted two case studies on the procurement of complex military projects by the Brazilian armed forces involving public buyers and private suppliers. The authors followed the Gioia methodology to inductively analyze data from interviews, official documents, media articles and project meeting notes.FindingsThe authors identified public procurement capabilities that are antecedents of collaborative trust-based relationships with suppliers in complex public-private projects. The authors unpack these capabilities in three subsets: abilities to manage the bidding and contracting process, to handle relationships with prominent stakeholders, such as audit control bodies and to manage knowledge acquired within and across current and past projects. By developing these capabilities, public buyers can build collaborative trust-based relationships with suppliers, which enable the conciliation of operational performance (i.e. on-time delivery, budget and scope compliance) and policy goals (i.e. inclusion of local suppliers in supply chains).Originality/valueThe authors extend the literature on the enablers of trust and collaboration in buyer-supplier relationships by providing a detailed account of which capabilities are necessary on the buyer side in complex projects, especially when accountability standards create barriers for collaborative practices. The authors also reinforce the importance of the operations and supply chain management scholarship in policy debates by showing how buyer-supplier interactions can create value in complex projects with public and private sectors.

10. Duress and undue influence

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. The doctrines of duress and undue influence may result in a contract being set aside (the remedy of rescission) where illegitimate pressure has been used in the contracting process. This chapter focuses on instances where the agreement cannot stand in light of duress or undue influence, including instances where the duress or undue influence was exercised by a third party and the contracting party had notice of that duress or undue influence.

Theoretical and Practical Aspects Regarding Third Parties in the Light of Contracts’ Effects Relativity Principle

The contract is the subject of civil law that creates the basic entity of the national and international economy, and the contracting process is the most important stage in economic affairs in general. Naturally producing effects between the parties, we can say that vis-à-vis the parties, the contract is binding, or, in other words, the signatory parties must comply with the provisions of the contract. On the other hand, compared to third parties, the effects of the contract being only an exception, we can say that the production of the effects towards them is relative. This study represents an exemplary synthesis of the theoretical and practical dimension of the issue of the third party notion in the light of the new regulations of the Civil Code, norms that created new ways of economic development of the Republic of Moldova.

Principle of Conservation of the Administrative Act and Revocation of Public Procurement in a City in Perú

Aims: The preservation of the act as a principle must be verified objectively through a review of the errors considered non-transcendental. The objective of this research is to determine the perception of officials on the application of the Principle of conservation of the administrative act and the ex officio nullity of the contracts entered into by the La Libertad Regional Government. Methodology: An approach quantitative, descriptive, explanatory was applied. The techniques applied were the interview, observation, documentary analysis and test on a sample of 60 workers linked to the functions of the public contracting process. Results: The results showed an irregular application of the principle of conservation of the administrative act and a resolution of procurements on a regular basis. The perception of the La Libertad Regional Government officials was negative, because not all the valid elements were found to preserve an administrative act. Conclusion: Deficiency was observed in the principle of the presumption of veracity, validity of the requirements to preserve the administrative act, non-existence of the judicial object and content, deficiency in the fulfillment of those prevented by law, deficiency in the fulfillment of the impediments provided for in the Law Contracting and violation of the regulations that.

Modeling a Computer Program for Evaluating the Construction Consulting Bids According to the Iraqi Standard Bidding Documents

The professional service procurement's plan and process have a major effect on the construction project's success. In the projects of the public sector, the stress between cost and quality is constant. Public authorities are responsible for maximizing value for money while also protecting the quality and performance of the construction project they develop. Issuing the standard bidding documents for consultancy service (SBDCS) was one of many procedures taken by the Iraqi Government represented by the Ministry of Planning to improve the procurement system in Iraq. The SBDCS were designed to acquire high professional services, achieve the economy and efficiency, and give all qualified consultants opportunities to provide service for the Government financed construction projects. In reviewing the reality of SBDCS's application, the inability of the Government's contracting bodies to achieve the desired documents' objectives was observed. Six projects that applied the SBDCS were chosen as case studies in this research. The lack of adequate qualification of the staff assigned to prepare the bidding document was the main reason that hindered the correct application, which led to the delay in the consultants' procurement and contracting process. An evaluation computer program was modeled for the selection of consultants based on the criteria of Iraqi standard bidding documents. The proposed program aims to facilitate the process of consultant selection according to SBDCS.

CEO Expertise and the Design of Compensation Contracts: Evidence from Generalist versus Specialist CEOs

Generalist CEOs receive higher pay than specialist CEOs. We examine the implications of CEO expertise for the structure of executive compensation. We follow contract theory and predict that information asymmetry induces generalist CEOs to overstate their ability to a larger extent when contracting with shareholders. Boards of directors take this into account by designing compensation contracts that link their pay more closely to firm performance. Our empirical results support this prediction, and the link is more pronounced when generalist CEOs are less known in the executive labor market or are hired externally. The results hold after we control for a battery of factors that potentially affect incentive pay, including firm characteristics and CEO ability. Overall, our results support the optimal contracting perspective of executive compensation and highlight the importance of CEO expertise generality in resolving adverse selection during the contracting process.