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159
result(s) for
"CONTRACTUAL OBLIGATIONS"
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Choice of Law and Ex-Post Effects of Pre-Contractual Information—A View (Not Only) of the Amazon Case
2025
Choice of law clauses are a central instrument for safeguarding party autonomy. At the same time, it must be ensured that consumers are protected and sufficiently informed, particularly with regard to the applicable law. The CJEU has established important principles in this regard in the Amazon decision. Based on the principles of choice of law in private international law, the article takes a closer look at the protection of the weaker party. The Amazon decision is placed in the system of private international law and justified by taking into account the various functions of information duties.
Journal Article
Rome I Regulation
by
Ferrari, Franco
,
Leible, Stefan
in
Conflict of laws
,
Conflict of laws -- Contracts -- European Union countries -- Congresses
,
Conflict of laws -- Obligations -- European Union countries -- Congresses
2009
Will the new Rome I Regulation meet its goals - to improve the predictability of the outcome of litigation?- to bring certainty as to the law applicable and the free movement of judgments?- to designate the same national law irrespective of the country of the court in which an action is brought?.
EU Law and Private International Law
by
Kuipers, Jan-Jaap
in
Conflict of laws
,
Conflict of laws -- Contracts -- European Union countries
,
Contracts
2012,2011
European Union Law and Private International Law both attempt to resolve a conflict of laws. There is however a certain tension between the two disciplines. The present book proposes suggestions to enhance their mutual understanding.
Moving from Creditor-Centric Debt Relief Initiatives Towards the Realization of the UN Framework Convention on Sovereign Debt
2024
The world is struggling with a debt of at least USD 315 trillion with at least 30% of the total debt owed by developing economies. These crises come even after the implementation of large-scale debt restructuring initiatives. However, the debt crisis witnessed today in the Global South is an artificially created system which has failed to work for the majority. The proposal of a United Nations Framework Convention on Sovereign debt is paramount since it may act as a catalyst in promoting a financial architecture that works for development and facilitates affordable and long-term financing, thereby allowing countries to focus on development needs rather than on short-term debt constraints. This article will explore the need to implement a UN Framework Convention on Sovereign Debt under the resolutions adopted by the 2014 UN General Assembly which called for shared responsibility and sharing of the burden fairly among creditors and debtors in debt negotiations.
Journal Article
A critical appraisal of traditional methods of construction progress monitoring
by
Ullah, Fahim
,
Muhammad Sami Ur Rehman
,
Khaled Galal Ahmed
in
Asset management
,
Automation
,
Communication
2023
PurposeThe purpose of this study is to investigate the current construction progress monitoring (CPM) process in relation to the contractual obligations, how project management teams carry out this activity in the field and why teams continue to adopt the current method. The study aims to provide a comprehensive understanding of the current monitoring process and its effectiveness, identify any shortcomings and propose recommendations for improvements that can lead to better project outcomes.Design/methodology/approachThe study conducted semi-structured interviews with 28 construction management practitioners to explore their views on contractual requirements, traditional progress monitoring practices and advanced monitoring methods. Thematic analysis was used to identify existing processes, practices and incentives for advanced monitoring.FindingsStandard construction contracts mandate current progress monitoring practices, which often rely on manual, document-centric and labor-intensive methods, leading to slow and erroneous progress reporting and project delays. Key barriers to adopting advanced tools include rigid contractual clauses, lack of incentives and the absence of reliable automated tools. A holistic automated approach that covers the entire CPM process, from planning to claim management, is needed as a viable alternative to traditional practices.Research limitations/implicationsThe study's findings can inform researchers, stakeholders and decision-makers about the existing monitoring practices and contribute to enhancing project management practices.Originality/valueThe study identified contractually mandated progress monitoring processes, traditional methods of collecting, transferring, analyzing and dispensing progress-related information and potential incentives and points of departure towards technologically advanced methods.
Journal Article
PROSPECTS FOR THE DEVELOPMENT OF PUBLIC-PRIVATE PARTNERSHIP WITHIN THE FRAMEWORK THE LOGISTIC SYSTEM POTENTIAL FORRMATION OF THE REPUBLIC OF BELARUS
One of the main problems facing the governments of various countries in the world is to improve the quality of services offered in the sphere of logistics. Demand for these services is growing as the global economy is returning to economic growth after the financial crisis. However, in many countries throughout a long period of time a considerable part of logistics infrastructure did not receive regular and sufficient investments. Investments are necessary for the improvement and development of the infrastructure, and the state, however, must strictly control its expenses in all economic areas and maintain a low level of tax load in the country. The article discusses the issues connected with the strengthening of scientific and practical interest in public-private partnership conditioned by rapidly growing needs for updating and building-up the infrastructure, including a logistics one, and the government’s lack of necessary financial resources for its modernization. Being an effective means of socio-economic transformation, public-private partnerships got a wide distribution, both in developed countries and countries with transitional economies. Many economically developed countries actively use a suchlike option of cooperation which allows to solve the majority of issues in situations when resources are limited. In order to bridge the gaps existing between available public resources and necessary infrastructure and services costs, as well as to ensure the provision of efficient and cost-effective services, Belarusian authorities are inclined to use the option of public-private partnership. Typically, public-private partnerships include the forms of cooperation between state bodies and the private sector aimed at ensuring financing, construction, reconstruction, operation, infrastructure facility maintenance and/or managing it, as well as/or providing services. The use of suchlike option of interaction allows to expand the scope of private capital participation in economically and socially significant state projects making the partnership between the state and business mutually beneficial.
Journal Article
Contractual Obligations under the Private International Law in Albania
by
Qoku, Maks
,
Cela, Evis
in
Contracts
,
contractual obligations; private international law; contractual freedom; international Jurisprudence
,
Deduction
2014
This theoretical and practical part is related to the analysis and studies of the contractual obligations under the private international law. This work is divided into three parts, where respectively, the first part deals with the general part of the contractual obligations; the second part deals with the specific contracts, which are actually found also in a general regulation under law No. 10428, dated 02.06.2011 “Private International Law”; and the third part deals with the international and national jurisprudence aspect. This work as based on the ex-positio sinkronik system aims at giving a minimum contribution in the application of the international private law and clarifies the omission, collision and legal problematic aspects in practice. At the end of this work, there are our conclusions which serve as a deduction over the analysis and studies done to this part of the private international law.
Journal Article
The World Bank Group guarantee instruments 1990-2007 : an independent evaluation
Foreign direct investment and private capital flows are highly concentrated geographically, with almost half of them reaching five top destinations. These flows tend to evade many high-risk countries. Regulatory and contractual risks, particularly in infrastructure, have inhibited investments in many parts of the developing world. A core objective of the World Bank Group (WBG) has been to support the flow of private investment for development; guarantees and insurance have been among the instruments that the WBG has used to pursue this objective. This study examines three main questions: • Should the WBG be in the guarantee business? • Have guarantee instruments in the three WBG institutions been used to their potential as reflected in WBG expectations and perceived demand? • Is the WBG appropriately organized to deliver its range of guarantee products in an effective and efficient manner?
The Legal Status of Labour Contract Parties under Covid-19 Pandemic: The Case of Qatar and Palestine
2021
The study addressed the impact of the Corona virus (Covid-19) on labour contracts in Qatari and Palestinian labor laws, while these two laws did not include special and explicit provisions dealing with the case in question. The study used the comparative analytical method to characterize the pandemic, and the governmental measures taken in this regard, to apply the result of this characterization to labour contracts and the potential disputes that arise therefrom. The study aimed at finding legal solutions to these various disputes in a manner consistent with the labor law, its various sources, and the civil law. It is concluded that the current legal texts in labor laws and the general rules of the theories of force majeure and hardship are not appropriate in such a context. Accordingly, the study calls for legislative interventions to address the impact of unusual public incidents and closure of facilities on the obligations of parties to labor relation.
Journal Article