1,720,957 research outputs found
NEGOTIATED, MIXED AND STANDARD FORM CONTRACTS. A PROPOSAL FOR A NEW CLASSIFICATION OF CONTRACTS
Full text linkIf negotiation is considered the current manner in which contracts are concluded thereby making negotiated contracts the norm, non-negotiated terms included in contracts are an unavoidable part of everyday legal operations. Although the importance of this phenomenon in the private-law landscape has been recognized by the Romanian Civil Code through several provisions, those provisions do not address non-negotiated contracts as a whole but specific issues of non-negotiated contractual terms included in any type of contract. Firstly, with the support of the legal doctrine this article intends to examine those specific provisions of the Romanian Civil Code addressing both negotiation as a pre-contractual phase and non-negotiated contractual terms along with the particular provisions provided in the secondary legislation such as Law No. 193 of 6th of November 2000 regarding abusive terms in contracts concluded between professionals and consumers. Secondly, through this overview, the article proposes to identify the outlines of different types of contracts determined by the various degrees of non-negotiated terms in their design
Legal Limitations of the Anthropological Notion of the Gift in Roman Law
No full textAbstractThe gift from an anthropological perspective differs from the rigid civil notion of donation, which presupposes an unilateral, gratuitous transfer from one person to another. The anthropological notion of the gift includes all gratuitous transfers, either material or non-material. Therefore, the relation between the anthropological notion of the gift and the legal notion of donation is one of inclusion. However, limitations imposed on donations in Roman law follow the same logic of the legal limitations on other gratuitous transfers such as the ones prohibited by leges sumptuaria. In this article I will analyze the reasons behind the legal interdictions in Roman law on some gratuitous spending, including donations between spouses, the ones prohibited by Lex cincia de donis et muneribus and by leges sumptuaria, interdictions that deal with the anthropological function of the gift in the greco-roman world
NOTES ON THE ASSIGNMENT OF CONTRACT IN THE NEW ROMANIAN CIVIL CODE
Full text linkReduced to its basic functioning, the legal operation of assignment of contract implies a global transfer of the contractual position of one party, assignor, from a contract concluded with the ceded contractor, to a third party, assignee. If the legal operation as such does not seem to raise complications, it was an object of dispute in Romanian civil law even before the New Romanian Civil Code in force since 2011, considering the personal nature of the obligation relationship, especially with regard to the passive element of the obligation. Considering the debates around this topic in the legal doctrine of the Romanian Civil Code of 1864 and following certain arguments advanced in French civil law, the New Romanian Civil Code explicitly recognizes the assignment of contract as a distinct legal figure with specific effects in Articles 1315-1320. This article intends to analyse the legal regime of the assignment of contract, from the debates in the legal doctrine around this topic in both Romanian and other legal systems to the specific legal provisions which address the assignment of contract, starting with the notion of assignment of contract, the form of the assignment, the moment in which the assignment occurs, the effects the transfer has on the assignor, the legal exceptions which can be formulated by the ceded contractor and the warranty obligations of the assignor
The Legal Frame of the Gift in Ideal Contexts of Authority
No full textAbstractThe anthropological discourse on the gift repeatedly underlines the impossibility of a free gift. This seems to be a truly universal, trans-cultural and trans-historical fact, since the gift always follows the unavoidable Maussian obligations to give, to receive and to reciprocate – every gift implicitly demands a gift in return. From this anthropological perspective, the gift plays a major role in establishing personal ties between people. However, this been said, it does not imply that the personal ties are only between equals – for instance, potlatch is a gift used to establish status hierarchy among people, a gift of rivalry in which the one who receives a gift is obliged to respond with another gift of a greater value. In this article I intend to analyze the way in which legal rules that apply to donations manage to deal with gift's anthropological function in the context of authority and hierarchy, since the civil laws in European-continental legal family explicitly state that donations are unilateral and gratuitous acts, contradicting the anthropological discourse. In analyzing the function of legal provisions of the gift in the context of authority, I will use Alexandre Kojève's classification of subjects of authority – Master, Judge, Leader and Father – in order to see the way in which the gift functions in these ideal-type power relations and the role of the gift law in these particular symbolic contexts
Nemo potest venire contra factum proprium. The coherence principle in European contract law
No full textThe coherence principle was elaborated by the legal scholar Dimitri Houtcieff in the field of contract law of the French legal system as an instrument for overcoming those contradictions regarding the contract or the contractual behavior which may be damaging for the other party or even for third parties. The coherence principle relies on the hypothesis that a contract, as the agreement of the parties, is a coherent system, and that whatever contradictions it may contain are irreducible oppositions within the system, deriving either from certain explicit provisions in the contract or from the behavior of the party, which can affect the dynamics of the contract in various ways. The article intends to elaborate on the notion of contractual contradiction as it was developed in the French doctrine, to analyze such contradictions in the French contract law and to verify, on the one hand, if there can be established any relation of equivalence between the legal notions employed in the French legal doctrine and the Romanian one, and, on the other hand, if the coherence principle may prove to be applicable in the Romanian contract law as an equally useful tool
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Full text linkWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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