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This paper examines the impact of pressure change in the Traction-Control cylinder of a six-furrow semi-mounted reversible plough's on the vertical load distribution among the tractor's wheels. The study's findings indicate that increasing the pressure in the Traction-Control cylinder leads to a more balanced vertical load on the rear wheels of the tractor. This balance is achieved by transferring a portion of the plough's weight to the tractor's rear axle. The combined effect of the plough's weight, the vertical force exerted by its support wheel, and the ploughing forces creates a moment that equalizes the load between the in-furrow and on-land wheels. Adjusting the Traction-Control cylinder pressure significantly altered the lateral rear wheel load distribution, shifting the ratio from 60.8/39.2 to 51/49. Additionally, the Traction-Control cylinder's positive impact on fuel consumption and the overall performance of the ploughing set was demonstrated.

Copyright of Revista de Derecho Privado (0123-4366) is the property of Universidad Externado de Colombia, Departmento de Derecho Civil 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 duty to mitigate loss is a general principle of law that serves to limit the liability of the party that has caused injury to the extent that the injured party has not demonstrated the diligence expected from the latter. However, this duty also serves the purpose of ensuring economic efficiency. While the classic understanding requires that, according to the principle of pacta sunt servanda, the interests of the injured party should be prioritized, today, the contract also refers to the cooperation between the parties. Therefore, reduction in the amount of claimable compensation should not be the sole sanction vis-à-vis the injured party that has violated the duty to mitigate loss. Otherwise, the injured party may escape the consequences of having violated the duty to mitigate loss by resorting to other optional rights. However, in order to ensure economic efficiency, in case the injured party violates the duty to mitigate loss, sanctions should also be foreseeable in terms of other optional rights. This study will evaluate the effect of the violation of the duty to mitigate loss in particular, with regards to request for specific performance and rescission of contract.

The duty to mitigate loss is a general principle of law that serves to limit the liability of the party that has caused injury to the extent that the injured party has not demonstrated the diligence expected from the latter. However, this duty also serves the purpose of ensuring economic efficiency. While the classic understanding requires that, according to the principle of pacta sunt servanda, the interests of the injured party should be prioritized, today, the contract also refers to the cooperation between the parties. Therefore, reduction in the amount of claimable compensation should not be the sole sanction vis-à-vis the injured party that has violated the duty to mitigate loss. Otherwise, the injured party may escape the consequences of having violated the duty to mitigate loss by resorting to other optional rights. However, in order to ensure economic efficiency, in case the injured party violates the duty to mitigate loss, sanctions should also be foreseeable in terms of other optional rights. This study will evaluate the effect of the violation of the duty to mitigate loss in particular, with regards to request for specific performance and rescission of contract. [ABSTRACT FROM AUTHOR]

Obligations are of two types: personal and non-personal. Generally, obligations are not bound to the obligator’s character, and in effect, the he will be obliged to fulfill the specific performance should he refuse the performance of non-monetary obligations. In Article 2-2-7 of the UNIDROIT Principles of International Commercial Contracts (UPICC), the rule of specific performance the same non-monetary obligation is acknowledged; however, in Clause D of the Article, as acknowledged in the regulations of many countries, performance of an exclusively personal obligations is excluded. Art. 239 of the Iranian Civil Code maintains "if the obligator cannot be convinced to perform the subject of the contract and it might not be performed by a third party either, the other party will hold the right to terminate the contract. Art. 729 of the Code of Civil Procedure of 1939 considered the performance of an exclusively personal obligation mandatory- which was repealed in 2000. Yet, drawing on the same Art., Art. 47 of the Law on Execution of Civil Judgments of 1978 considers the performance of an exclusively personal obligation mandatory. Recruiting a descriptive-analytical design, the current study investigates the sanctions for the performance of personal obligations in the international trade documents as they arranged in line with the domestic laws of the countries party to the agreements. Findings suggest that the elimination of sanctions in the implementation of Art. 47 of the Law on Execution of Civil Judgments, the impossibility of specific performance and execution of the judgement in such obligations, and considering the right of termination for the party in loss are consistent with the new legal and Fiqhi standards on this type of obligation.

Copyright of Journal of the Arab American University is the property of Association of Arab Universities 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.)

Over the past decades, several approaches have been tried in the process of the unification of contract law to regulate the entitlement to performance in kind, but there is still no generally accepted solution. The Vienna Sales Convention, like its predecessors, resolves the question by a quasi-conflict of laws rule, essentially making the award of specific performance dependent upon the law of the forum, thereby undermining the results of unification. Other sources, such as the UNIDROIT Principles, provide autonomous rules that specify in detail the conditions under which it may be claimed. The Draft Common European Sales Law, continues to attach primary importance to the provision of performance in kind, obviously also bearing in mind the interests of consumers. [ABSTRACT FROM AUTHOR]

Purpose: Biological differences between men and women are well known; however, literature addressing knowledge about the influence of sex on specific and general performance in team handball is almost nonexistent. Consequently, the aim of the study was to assess and compare specific and general physical performance in male and female elite team-handball players, to determine if the differences are consequential for general compared with specific physical performance characteristics and the relationship between general and specific physical performance. Methods: Twelve male and 10 female elite team-handball players performed a game-based performance test, upper- and lower-body strength and power tests, a sprinting test, and an incremental treadmill running test. Results: Significant differences (P <.05) between male and female players were found for peak oxygen uptake and total running time during the treadmill test, 30-m sprinting time, leg-extension strength, trunk- and shoulder-rotation torque, and countermovement-jump height, as well as offense and defense time, ball velocity, and jump height in the game-based performance test. An interaction (sex × test) was found for time and oxygen uptake, and except shoulder-rotation torque and ball velocity in women, the authors found only a low relationship between specific and general physical performance. Conclusion: The results of the study revealed that male players are heavier, taller, faster, and stronger; jump higher; and have better aerobic performance. However, female players performed relatively better in the team-handball-specific tests than in the general tests. The findings also suggest that female players should focus more on strength training. [ABSTRACT FROM AUTHOR]

This article examines the dissolution of contract as a remedy for breach of contract in Islamic law in comparison with the contract laws of selected Arab countries (Qatar, Egypt and Jordan) and international instruments, namely, the United Nation Convention on Contracts for the Sale of Goods, 1980 (CISG)1 and the International Institute for the Unification of Private Law (UNIDROIT) Principles, 2016.2 The focus of this article is on non-rescindable contracts, i.e., contracts that are not rescindable by nature such as sale, lease, works, and employment contracts. The comparative analysis in this article reveals that the approach in Islamic law on dissolution of contract as a remedy for breach of contract is fundamentally different from that adopted by laws in these Arab countries and international instruments. The differences are mainly embodied within the classification of contracts under each in addition to each of them having unique ethical, legal, and economic rationales behind its position. [ABSTRACT FROM AUTHOR]

Copyright of Inonu University Law Review / İnönü Üniversitesi Hukuk Fakültesi Dergisi is the property of Inonu University Law Review (IULR) 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.)

Examining the Problems of priority the “Specific Performance” over “Termination of Contract” in Respect of Economic AbstractIncluding the fundamental question of the Economic Analysis of Law is problems of priority the specific performance over termination of contract that has occupied the minds legal and economic scientists. On the Legal Systems of Iran and America, these problems Subheadings the enforcement process, social norms, judicial error, jury trial, mitigation of damages and opportunism must be studied. Then, the solutions of mentioned problems in order to effective the provisions of Iranian Law in respect of economic outlook to Law. Of course, as a findings this article, mentioned problems is removed in two ways specialized approach to contract and the priority the specific performance and termination of contract based on their characteristic (ordinary, commercial and consumer contracts) or the internalization of external costs resulting from specific performance or termination of contract and process of settlement of contractual disputes can be resolved which will be discussed during article. the aim of this article, analysis of the above problems by adopting a comparative approach and Proposals for the reform of legal regulations of Iran in field of remedies of contracts.

The role of the obligee in advancing contract is usually ignored and Legal reviews often study the role of the obligor and his obligations. However, the obligee undertakes tasks that are significant to facilitate the performance of contractual obligations. In this way, the obligee shall enable the obligor to fulfill his obligations and reciprocally benefits from what he deserves. This matter can be detected in some international documents to which Iran is a party. Some legal articles have also approved it. This article describes the responsibilities of the obligee and their sanctions during different phase of the contract. Providing information, demanding the performance of the contractual obligations and inspection are the examples of oblige responsibility during the execution of contract. In the event of a breach of contract, the priority of demanding the execution of the contract (specific performance), the timely application of the termination right and reduction of the damage are among his obligations. In the case of the frustration of the contract, renegotiation and on- time termination are his obligations as reviewed in the third chapter.

Copyright of Galatasaray Üniversitesi Hukuk Fakültesi Dergisi is the property of GALATASARAY UNIVERSITESI HUKUK FAKULTESI 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.)

Copyright of Hacettepe Law Review is the property of Hacettepe Law Review 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.)

Breach of contract may occur by the fault of party in breach. There is a variety of degrees in contractual fault and the highest degree of fault is intentional one. The breach of contract is considered to be intentional when the party in breach calculates the financial costs and benefits of the breach and then decides not to perform his/her contractual obligations. The notion of intentional breach and its consequences are recognized in common law and civil law and also in some European instruments such as PECL and DCFR. The intentionality of breach is considered to be relevant in above jurisdictions and instruments. For example, in the case of intentional breach, common law courts allowed the specific performance. They sometimes refused to mitigate the amount of penalty clauses and to recognize the exemption clauses in favor of the breaching party. Also, in civil law jurisdictions the intentional breach works as an allowance for unforeseeable damages. The hypothesis of this contribution is that in the case of intentional breach, courts must take a stricter approach than the usual breach and they should seek to improve the position of the creditor in terms of accessing to contractual remedies.

The black letter law in the U.S. is that money damages are the preferred remedy for contract breach and that specific performance is reserved for extraordinary circumstances. Contract theory tells us that default rules generally reflect what a majority of contracting parties would agree to had they considered the matter. But do contracting parties agree with the law's preference for money damages over specific performance? In a dataset of more than 1,000 M&A contracts, we find that in over 80% of transactions, parties choose specific performance as their preferred remedy. Using interviews with senior M&A lawyers, we seek to unpack the reasons why parties are contracting around the law's distaste for specific performance and the default rule of money damages. [ABSTRACT FROM AUTHOR]

INTRODUCTION. This survey presents overview of damages and other contractual remedies under law of Germany and law of England. MATERIALS AND METHODS. The study is based on a considerable amount of materials, including legal acts, decisions of judicial institutions, national legislation of England and Germany, as well as classical and contemporary doctrinal studies of Russian and foreign lawyers. The methodological basis of the research was the general scientific methods (logical and system analysis, the dialectical method, methods of deduction and induction) and special methods of cognition (historical and legal, comparative legal and formal legal methods, method of legal modeling and forecasting). RESEARCH RESULTS. The present comparison of damages and other contractual remedies available to legal entities and individuals under law of Germany and law of England shows the differences of legal systems of these countries. The differences in the legal systems entail the differences in remedies and its implementation. There are remedies under the law of England which are not contained in German law and there are remedies not very well developed in England but widely upheld by the law of Germany (for instance punitive damages and specific performance). DISCUSSION AND CONCLUSIONS. Provided that German law is a classical representative of continental legal system it targets to force a debtor to perform its obligations via well developed means of forcing in case a debtor fail or reject to perform in a due course. Damages in the case of contractual misconduct are regarded as a supplementary instrument applicable in situations where performance forcing means could not be applied for some reason. From the German academic approach standpoint the performance in kind is the main remedy, at the same time for the English law approach the most important thing is whether damages could be recovered. As a result for the English law the main question not in the content of an obligation but in negative consequences of its breach. English law doctrine evaluating breach of contract takes into account mainly commercial applicability and economic efficiency, meantime the German law takes into account moral aspect as well.

Relief or compulsion are the two classes of remedy granted for a breach of contract. Traditionally English law is considered to favour relief-based remedies whilst French law prefer compulsion-based remedies. This article seeks to challenge this orthodoxy through the analysis of relatively recent changes in both jurisdictions regarding enforced performance in kind. More importantly, the influence that performance in kind has on other contractual remedies and clauses must be taken into account. Both contractual damages and penalty clauses are shaped by the availability of enforced performance in kind. Comparing English and French law shows that these two systems are converging which enables lawyers to anticipate the evolution of their respective jurisdictions. [ABSTRACT FROM AUTHOR]

This article explores the life of Sir Edward Fry (1827–1918), England's first Quaker judge. The argument is advanced that Fry's legal life is best understood by setting it within the context of nineteenth-century Quakerism. While some of these Quaker influences are apparent in Fry's public campaigns against wrongdoing, others are less apparent. The construction of his Treatise on Specific Performance was influenced by his study of natural science, a study inherently linked to his Quakerism. To understand the individual's actions one must understand the forces that shaped him. [ABSTRACT FROM AUTHOR]

Abstract Prior to date of fulfilling the obligation, it is possible that the covenantee, through a certain, reasonable and conventional assumption, come to a conclusion based on which the covenantor would not accomplish his/her contractual obligations at the agreed time (presumptive breach). In this case, the beneficiary, under certain circumstances, can exercise his/her right to suspend or terminate the contract and claim for damages. But, enjoying the doctrine of specific performance prior to the agreed upon date in the contract for dealing with the presumptive breach by the covenantee is not specified in the legal systems and, in contrast to Convention on the International Sale of Goods, it is difficult to perceive a legal and albeit a regular position for presumptive breach in domestic law. Accordingly, the present study, by means of a comparative approach, and in addition to examining the subject theoretically, investigates the applicability of this doctrine in order to develop and extend the sanctions arising from breaching the contracts.

Abstract The purpose of forming a contract is realizing the joint volition and fulfilling of its consequent obligations. In the event of a breach, in the Romano-Germanic system of law, Iran and some other countries, the obligation of the covenantor to fulfill the specific performance has been recognized as a fundamental principle and the covenantee, only in the case of the impossibility of obliging the covenantor, can take action to terminate the contract and claim for damages. In Common Law, obliging to specific performance is accepted as an exception and only in certain cases. In this article, the right to choose the most appropriate means of achieving the contractual purpose and securing the covenantee's interests including the request to specific performance or termination of the contract or claim for damages, or changing or replacing the obligation are preferred in terms of basis and economic efficiency. As in the new international instruments such as the Principles of International Trade Contracts (2016), the Principles of European Contract Law, the draft Common European Sales Law, the Civil Code of France (2016), the Civil Code of the Netherlands and Germany and the UK Consumer Rights Act (2015), the right and freedom of the beneficiary to choose the method for confronting the breach of the contract and remedy are accepted. The obligation to specific performance, whether being accepted as a principle, or an exception or a power, may be subject to two categories of barriers and restrictions arising from the status and nature of the obligation or circumstances after the conclusion of the contract.

Summary: In D. 13,7,9 pr. (Ulp. 28 ad ed.) a debtor, who has handed over a res aliena as pledge to a creditor, will be sued with the iudicium contrarium. Whereas most handbooks of Roman law understand the aim of the actio pigneraticia contraria as the debtor's duty to replace the res aliena by a new pledge, owned by the debtor, the sources do not necessarily lead to this conclusion. From the procedural perspective and the condemnatio pecuniaria of classical Roman law (instead of specific performance) this solution seems to be problematic and may have been developed under in any case influence of Justinianic law. Also on the basis of the concept of pignus as obligatio re contracta , it is submitted that the debtor's obligation could only have concerned the alien thing itself; beside this, the aim of the actio contraria was compensation for the creditor's damages. [ABSTRACT FROM AUTHOR]

There is recent English and Australian authority that, where a contract is breached, a claim for specific performance may be maintained even though a claim for damages is statute-barred. This article contends that this authority is wrong. The correct view is that, once the claim for damages for breach of contract is no longer maintainable, the claim for specific performance to remedy that breach is also not maintainable. [ABSTRACT FROM AUTHOR]

This survey presents overview of damages and other contractual remedies of French law and its comparison in some aspects with law of England. The present comparison of damages and other contractual remedies available to parties to a contract under French and English laws shows the differences of legal systems to which the said countries belong. The differences in the legal systems entail the differences in remedies and its implementation. There are remedies under the law of England which French law is rather reluctant to uphold and there are remedies not very well developed in England but widely spread in France (at first hand punitive damages and specific performance). The implementation of the same remedy could have different mechanics and even different ideology.

A comparative analysis of the results of multicriteria and singlecriterion optimization is conducted with developed tools. It is shown that for the given highway truck the multicriteria problem can be replaced by a one-criterion problem in accordance with criteria of specific productivity, average speed and fuel consumption.