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In the agreement there are rights and obligations for those who carry out the agreement. Even though they already know their rights and obligations, it is not uncommon for deviations from an agreement to occur, which will certainly cause losses to one of the parties. If one party does not carry out things that are not his rights and obligations in accordance with the content of the agreement, then such negligence can cause someone to be sued before the court. The act of not carrying out the contents of the agreement in legal science is called default. The purpose of this study is to determine the default of the contract for testing oil wells antra PT. CPI with PT. SWE in Minas oil field – Riau. The type of research used in this study, the type of normative juridical research. Factors causing default in this contract may vary, including unclear specifications, unforeseen changes in field conditions, or lack of coordination between the parties involved. Default can affect smooth operations, result in financial losses, and harm the reputation of both parties. In an effort to resolve disputes, PT. CPI and PT. SWE has taken proactive measures. They may have tried direct negotiations to reach an agreement on contract changes or compensation for defaults. [ABSTRACT FROM AUTHOR]

The complexity and flexibility of contract law, and its ability to meet various social, economic and technical-technological needs, are indicated by a number of theories (approaches) that offer a new approach to the processing of contracts. Among the predominant theories one might include the following: overview of contracts from a constitutional and human rights approach2; deriving from this the contracts related to private and family life (intimate contracts)3; by connecting the concepts of contract law and property rights, exploring the specific characteristics of existing contracts4; filling the term "digital contract type" with content5; classification of different kinds of interconnection of contracts (complex contracts).6 The author dedicates the study to the topic of whether Hungarian contract law can meet the challenges created by digitalization, which have not yet been identified in all its details, and what are the critical points that require consideration and action as soon as possible. After the summary of the digital legislation of the European Union the author identifies the effects of digitalization in relation to the Hungarian contract law and the special contracts resulting from digitalization. Finally, the author makes de lege lata and de lege ferenda conclusions in light of this topic.

The complexity and flexibility of contract law, and its ability to meet various social, economic and technical-technological needs, are indicated by a number of theories (approaches) that offer a new approach to the processing of contracts. Among the predominant theories one might include the following: overview of contracts from a constitutional and human rights approach2; deriving from this the contracts related to private and family life (intimate contracts)3; by connecting the concepts of contract law and property rights, exploring the specific characteristics of existing contracts4; filling the term "digital contract type" with content5; classification of different kinds of interconnection of contracts (complex contracts).6 The author dedicates the study to the topic of whether Hungarian contract law can meet the challenges created by digitalization, which have not yet been identified in all its details, and what are the critical points that require consideration and action as soon as possible. After the summary of the digital legislation of the European Union the author identifies the effects of digitalization in relation to the Hungarian contract law and the special contracts resulting from digitalization. Finally, the author makes de lege lata and de lege ferenda conclusions in light of this topic. [ABSTRACT FROM AUTHOR]

In this article the author investigates a scientific discussion concerning taking of contract of insurance on the whole and to the medical insurance contract in particular to the type of service contracts. Issues of systematization of civil law contracts are related to the need to define criteria for dividing contractual types into certain classification groups. It is set on the basis of analysis, that in the system of civil legal agreements a medical insurance contract is the subspecies of contracts of insurance as to the kind within the limits of type of service contracts. The feature of this type of contracts consists in that a grant of service is inseparable from activity of the person that renders services, id est the grant of insurance service is inseparably related to activity of insurer, and the useful effect of such activity shows up in the process of grant of service. A result of activity, that comes true by a person that renders services, is a basic difference between obligations about the grant of services and obligations from implementation of works. Pointing in the civil legislation of the name of that or other civil legal agreement or pointing of sphere of his action can not testify to his legal adjusting. A contract can be characterized as unnamed, if his concept, substantial terms, right and duties parties, is not certain the acts of civil legislation and others like that. It is marked that at a conclusion and performing а medical insurance contract, as an unnamed contract, generals are used about services, envisaged by Civil Code of Ukraine, special norms, set in Civil Code of Ukraine and Law of Ukraine "On the insurance", generals of obligation right. [ABSTRACT FROM AUTHOR]

This study examines user outsourcing of spare parts management to vendors through a service contract. The user's selection of a fixed-price service parts contract is formulated as a stochastic integer programming model that decides multiple response times and on-site spare parts, while considering component breakdown with uncertain failure rates. We analytically derive the optimality conditions for the continuous case and subsequently design an efficient algorithm. Numerical illustrations and analyses are conducted to evaluate decisions under various scenarios. Our analysis shows that when both failure rate and expedited contract cost are high, coupled with low part cost, users would prefer the purchase of spare parts for all components to expedited contracts. A fixed-price expedited contract has a lower marginal cost with respect to failure rate than a fixed-price next day contract and a usage-based contract. We also examine inventory behaviour for a single part, multiple types of parts, and multiple groups of parts. It is shown that there is a cost-saving pooling effect in spare parts for identical items, which significantly raises the likelihood of having on-site stored parts. The problem becomes more complex for multiple items, reflecting bundling effects between items for a given contract. [ABSTRACT FROM AUTHOR]

The article considers the terminology used while regulating employment relations in the bodies of the Investigative Committee of the Russian Federation. Attention is drawn to the fact that these relations have a significant specificity, which should be taken into account, but is not always taken into account when issuing departmental normative legal acts of the Investigative Committee of the Russian Federation. The article offers options of elimination of existing shortcomings in the use of terms «worker», «employee» in relation to the Investigative Committee of the Russian Federation. Purpose: to identify gaps in the legal regulation of employment relations in the Investigative Committee of the Russian Federation. Methods: the authors apply empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; specific scientific methods: legal-dogmatic and interpretation of legal norms. Results: the study reveals the dual nature of employment relations in the Investigative Committee of the Russian Federation. The features of regulating the legal status of a staff member of the Investigative Committee of the Russian Federation and the content of his professional activities make it possible to identify gaps in the legal technique and legal language of the normative legal acts of the Investigative Committee of the Russian Federation.

There are conflicting regulations affecting subscribers' property in telephone numbers in Nigeria. This article conceptualises telephone number as property capable of ownership in the jural sense and in the prism of bundle of rights theory of property. It analyses developments in advanced jurisdictions to highlight possibilities for reform. The analogy of treatment of property in domain name is used to demonstrate that contract can beget property rights. Some property concepts and theories are espoused to support the intellectual property in telephone number for the subscriber including privacy, trademark, acquisition theory, rule of capture, bundle of rights, goodwill, and so on. These are all used to demonstrate and advocate that there is property in telephone number vested in the subscriber in Nigeria, not only from a statutory perspective but also from some legal theories and approaches to property and any reform should approach it from those perspectives. [ABSTRACT FROM AUTHOR]

In this paper, we analyze negotiation of service contracts when an equipment user (customer) outsources product failure repair service to an MRO (Maintenance, Repair, and Overhaul) supplier. The customer is risk averse due to serious consequences of system disruption. The two parties negotiate pricing terms and repair rate. We model the bilateral negotiations under three types of service contract: (i) fixed‐fee contract under which the customer pays a lump sum, (ii) pay‐per‐repair contract under which the customer pays for each repair incident, and (iii) uptime‐based contract under which the customer pays for product uptime. We investigate how different incentives under each contract interact with agents' bargaining power and customer risk aversion in the negotiation process, both theoretically and numerically. Despite that previous studies have shown that fixed‐fee contract generally does not provide incentives for suppliers to invest in repair capacity while uptime‐based contract does, we find that under a bargaining framework fixed‐fee contract can result in the highest (yet suboptimal) repair rate. Furthermore, consensus on contract types may not be achieved between the two parties. For the supplier, uptime‐based contract can result in the highest payoff while pay‐per‐repair contract leads to the lowest. For the customer, it may prefer to choose pay‐per‐repair contract when it is less risk averse and when the supplier has more bargaining power. Our results show some unexplored merits of other types of contracts when the advantages of uptime‐based contract have been highly cited. [ABSTRACT FROM AUTHOR]

This article deals with the possibility for awarding entities to proceed with the forced execution of all members of an association set up for the performance of public or sectoral procurement contracts provided for by Law 98/2016 and Law 99/2016, in the event that, on the basis of a damage inspection report issued by a judicial public authority, the court definitively grants a judgment in favour of the awarding entity. Unlike commercial companies with legal personality, joint ventures are governed only by contractual clauses and are exempt from any incorporation formalities, as they do not benefit from legal personality. The purpose of the article is to highlight the misinterpretation of substantive law rules when concrete situations arise in which the awarding entity benefits from an enforceable title represented by a final court decision by which it executes all the members of the association although the documents underlying the signature and execution of the works or services contract specify an individual liability. [ABSTRACT FROM AUTHOR]

Copyright of College of Law Journal for Legal & Political Sciences / Magallat Kulliyyat Al-Qanun Li-L-ulum Al-Qanuniyyat Wa-Al-Siyasiyyat is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The history of oil contracts in the last century indicates that oil contracts are a form of conflict between the interests of foreign oil companies and national interests of reservoir-owning governments. In this context, an important question arises for reservoir-owning governments as to which existing conventional upstream contracts should be chosen to maximize benefits. Representation theory has been used to answer this research question. In the designed model, each party's interest function in each of the upstream contracts is identified and modeled. Also, the rationality and motivation conditions in this model have been analyzed as participation constraints. The results of the proposed model using the genetic algorithm method show that, given field coordinates, the production-sharing contract has the lowest representation cost compared to the other two contracts of concession and service purchase. And as the selected model, production-sharing contracts can make the most profit for reservoir-owning governments.

Using the example of Frankfurt am Main, this article traces the development of the employment relationships of municipal employees between the last quarter of the 14th century and the early 19th century, on the basis of the collection of their contracts, the so-called service letters. The contents of this collection determine the study’s chronological range. All sectors of the municipal service are covered. The study also highlights the limitations of the source material regarding the employment of women and socially marginalised groups.Key aspects studied are fundamental contractual problems such as contract duration and termination, salary, risk distribution and disciplinary measures. Particular attention is paid to the resolution of conflicts between the city and its employees, including the problems of limitations on legal recourse, the settlement of conflicts before the highest courts of the Empire, and the methods and motives of consensual dispute resolution. The study also considers how the findings from Frankfurt relate to the situation in other cities of the Holy Roman Empire. Furthermore, it focuses on the historical context of the changes in contractual practices and clauses. Important events in the city’s political and constitutional history, such as the attainment of the status of imperial city, the Reformation, and the 17th- and 18th-century conflicts between the city authorities and its citizens, had considerable influence on Frankfurt’s administration and municipal service system.Finally, the findings will be integrated into a number of early modern research narratives, such as the concept of gute Policey, social disciplining, and professionalisation, as well as more recent research questions of exchange fairness and of asymmetric dependence. The various analytical approaches together reveal a co-evolution of municipal administration and employment relationships that led to the emergence of a municipal civil service.

Copyright of Revista de Estudios de la Administración Local y Autonómica is the property of Instituto Nacional de Administracion Publica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The subject of the paper are the obligations of the contracting parties, i.e. the contractor and client, arising from the conclusion of a service contract. A service contract is one of the oldest forms of contractual obligations, but it is also a contract constantly being changed and adapted to emerging life situations. A service contract is a consensual, nominate, onerous and bilaterally binding contract. Therefore, it is a contract in which the obligations of the contracting parties are determined. The contractor has the obligation to complete the work, and hand it over to the client, while the client is obliged to pay remuneration for the contractor`s work. Also, one of the distinguishing facts of a service contract is that it is often concluded with regard to the contractor’s personality, so the fulfillment of the obligation is related to the personality of the contractor due to whose attributes the contract was concluded.

For a long time, there was no legal definition of “employee” or “contract of employment” in Germany. This did change in 2017 when the lawmaker introduced the new section 611a into the Civil Code (Bürgerliches Gesetzbuch) which, however, is based on the existing judge-made law. This article first gives an overview of the definition of the courts (1.) and then presents the “new” legal regulation (2.). On this basis, the question will be discussed what has been achieved by the legislator (3.). The paper ends with a concluding remark (4.).

Copyright of Scientific Annals of the "Stefan cel Mare" Academy of the Ministry of Internal Affairs of the Republic of Moldova / Revista Stiintifica a Academiei Stefan cel Mare is the property of Stefan cel Mare University, Ministry of Internal Affairs of the Republic of Moldova / Ministerul Afe and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

A large US retailer that procures transportation services from third-party carriers experienced an unexpected jump in fuel surcharges as the price of diesel fuel skyrocketed in the summer of 2008. As a result, it sought to limit its future exposure to diesel price risk. We collaborated with this retailer to create a lane assignment optimizer (LAO) that incorporates diesel price risk when selecting carriers for its transportation lanes. The LAO tool has significantly improved the retailer's capability to evaluate the trade-off between the two crucial components of a lane's per-shipment cost: base price and risk-adjusted fuel surcharge. The retailer can now take diesel price risk into account when selecting cost-effective carriers for its lanes, negotiating fuel surcharge limits to share diesel price risk with its carriers, and better aligning the fuel surcharges it pays with the true cost of diesel. We estimate that the more favorable contract terms the retailer negotiated for 2009-2011 translate to nearly $5 million in potential savings during years with unexpected diesel price hikes, such as 2008. © 2012 INFORMS.

Volunteering is a system of social relations. Taking into account the different schemes of legal relations, such volunteer movement participants as volunteer, voluntary organization, and benefitor have been defined. The paper substantiates the legal characteristics of sports volunteers: citizenship; voluntary, gratuitous, and personal character of their activity; its certain purposes; performing activities or providing services under the civil agreement or without it. The agreement on volunteer activity is concluded in practice and mentioned in legal acts, but its terms and responsibilities are not fixed. This agreement is either a civil contract for providing services or performing activities or a comprehensive contract. It has been suggested to amend the sports legislation due to a large number of participants in volunteer movements and persons in contact with them, as well as the need to maintain public safety and security of volunteers, interest of volunteers themselves in legal regulation of movement across the border of another state, guarantees of accommodation and workwear, taking into account their work as volunteers in the future, preserving the legal traditions in regulation of volunteer relations.