1,720,990 research outputs found
Decoding specialisation patterns in global value chains: the role of multinationals and domestic firms
No full textThis paper examines the role of multinationals (MNEs) and domestic firms and their exporting channels—direct/indirect— in explaining functional specialisation (FS) patterns. In particular, we consider R&D and fabrication value chain functions. To identify the FS pattern, we apply the FDI-based approach proposed by Stöllinger (2021). The export intensity of domestically and foreign-owned firms is assessed by decomposing the OECD AMNE database. We employ a Generalised Structural Equation Model in the form of the 3-equation recursive system to evaluate the relation between FS and the exporting channels of MNEs and domestic firms. In this paper, we draw on data for the EU countries, with a particular focus on the Central and Eastern European (CEE) economies from 2003 to 2018. The results indicate different roles of MNEs and domestic firms in supporting GVC activities. The direct export intensity of domestic firms is positively related to FS in production, while the direct export intensity of MNEs supports specialisation in R&D. More detailed analyses for the EU15 and CEE countries indicate two different types of firms and their different export channels supporting specialisation in R&D activities. For EU15 countries, it is the direct export of MNEs, whereas CEE countries strengthen the R&D function through the indirect export of their domestic firms. Our findings suggest that EU countries should consider more flexible, task-specific FDI incentives, particularly for R&D, rather than targeting specific sectors. For CEE countries, promoting the indirect export of domestic firms by facilitating matchmaking with local exporters could enhance specialisation in R&D
Non-performance of the contractual obligation and available remedies in draft reform of the Spanish Civil Code of 2009
No full textThe author presents in the article the draft proposal for the reform of the Spanish Law of Obligations and Contract published by the Spanish Ministry of Justice. The first part of the paper discusses the concept of non-performance of an obligation which is adopted in Article 1188 of the Draft. According to this provision, a contract is not performed when the debtor fails to perform the main contractual obligation or any other obligations that arise from the contract. The author analyses various situations that can be considered as infringement of an obligation. The second part consists in the analysis of the remedies available in case of non-performance provided in the Draft, such as specific performance, price reduction, termination of contract and damages. The author also makes a comparison between selected provisions of the Draft and their counterparts from the selected European soft law regulations and from the CISG
Ethics and Big Data - bibliometric analysis
No full textDocuments were collected on July 6th, 2020, by research on the web search engine Web of Science Core Collection. We searched for the topic: "Big Data" and "Ethic*" in all categories in the period, 1900-2020. In the WoS database, the fields mined to return results in a common 'topic search' are:
• The title of the article, review, proceedings, book, etc.
• The abstract – which is the work's summary containing the key points discussed, such as research question, methodology, discussion, and conclusion. This field is supplied by the author(s) of the paper.
• The keywords and keywords plus fields: The keywords field is the one supplied by the author(s) and "tags" the main and sub-topics of the paper's content. The keywords plus field is an algorithm that provides expanded terms stemming from the record's cited references or bibliography.
The total number of obtained documents was 892 (Table 1). Evaluation of data was conducted with the use of bibliometric software, HistCite, and VOSviewer
Success fee as unfair term in the contracts for legal services concluded with an advocate or legal counsel : admissibility of control of remuneration terms
No full textSince 1993 the Directive on unfair contract terms has been applied to the contracts concluded with consumers. There is no doubt that some terms of such contracts can be controlled by courts. However lately, the question regarding the admissibility of control of terms included in contracts concluded between advocates/legal counsels with consumers has arisen. The article deals with this principal issue. After detailed analysis of arguments presented by legal scholars and jurisprudence, the author agrees with the CJEU judgment (15 January 2015, case C‑537/13, Birutė Šiba v. Arūnas Devėnas) according to which Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as applying to standard form contracts for legal services, concluded by a lawyer with a natural person acting for purposes which are outside his trade, business or profession. The foregoing statement prompted the author to research the problem of possibility of legal control of success fee as unfair term. Success fee or pactum de quota litis is a kind of payment reserved frequently by lawyers in contract of services. Because it is a remuneration paid for a lawyer for a result of his activity, it is considered by author of this article as a main subject matter of contract. According to art. 3851 of Polish Civil Code such clauses cannot be assessed as unfair contract terms. However, when it comes to success fee, Polish courts have different opinion. The Warsaw Appeal Court in its judgment of 15 January 2015 assessed some clauses of legal services contract: one according to which the fee should be paid after the legal task would be achieved and the other one which enabled lawyer to charge this fee even the client withdrew the contract. First of all the Appeal Court stated the contract of legal services is typical example of due dilligence contract (e.g. commission contract) and rejected the standpoint according to it is the type of contract of result (e.g. contract for performance of a specific task). The consequence of this opinion is that the fee provided by contract with lawyer cannot be assessed as a success fee, because success fee can be reserved only in case of contracts of result. In the opinion of Appeal Court such qualification could also be contrary to the essence of contracts concluded with lawyers. The author of article disagrees with this assessment. One of argument presented by author is that success fee is simply a kind of remuneration, so regardless of what kind of contract it is stipulated in it should be deemed as main subject matter of parties' activity. The author highlights that according to the Polish Civil Code neither the main subject matter of the contract nor the adequacy of the price and remuneration can be assessed by court as unfair in so far as these terms are in plain intelligible language. Success fee should be assessed only in the light of transparency rule. The latter one, according to CJEU (judgment 30 April 2013, in case C- 26/13 Árpád Kásler, Hajnalka Káslerné Rábai v. OTP Jelzálogbank Zrt) is to be understood as requiring not only that the relevant term should be grammatically intelligible to the consumer, but also that the contract should be set out transparently so that that consumer is in a position to evaluate, on the basis of clear, intelligible criteria, the economic consequences for him which derive from it
Poland in the innovative World economy
Get PDFThis article aims to determine the level of innovativeness of Polish economy in comparison with other EU countries. The author has examined in detail the methodology and results of the European innovation survey - the Innovation Scorebord for the years 2005-2007. Analysis, given the level and dynamics of 25 innovation indicators, grouped in five categories.innovations, Poland, world economy,
Miejsce polski w innowacyjnej gospodarce światowej
Get PDFThis article aims to determine the level of innovativeness of Polish economy in comparison with other EU countries. The author has examined in detail the methodology and results of the European innovation survey - the Innovation Scorebord for the years 2005-2007. Analysis, given the level and dynamics of 25 innovation indicators, grouped in five categories
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe 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
The legal position of parties of lease contract of a social apartment in case of sale of the leased property to a third party that is not a local government entity
No full textThe main purpose of the article is to analyze the rights and obligations of the parties of lease contract of a social apartment after the lessor sold the property to a third person. The Polish Civil Code (CC ) provides in Art. 678 § 1 that in case of alienation of the leased property, the new owner enters into all rights and obligations resulting from the lease contract. This is the general rule. However, according to the Polish Act on Protection of the Rights of the Residents (p.r.r.), social apartments form a particular group of dwellings intended for lease to the poor. Some specific rules are applicable to the lease of social apartments, e.g. the rent for such apartment is set very low. The local governments are obliged to ensure sufficient number of such apartments for people in need. This is a public obligation arising from the Polish Constitution. Therefore, if a local government intends to sell such apartments, the question is whether the acquirer who is not an entity of anther local government (e.g. is a natural person who is not under obligation to provide such apartments) enters into the rights and obligations of the former lessor. On one hand, a negative answer could result in the lack of protection for the lessee. This complicated situation compels to reasonable consideration. According to author, the acquirer who is not a entity of local government will become a party of the lease contract, but with one modification: he cannot bear the obligations arising from the public law. Consistently, there are two lease contracts. The first one, between the acquirer and alienator which is governed by general rules (i.e. CC ), and the second between the community (alienator) and the tenant. The second one is transformed into a sublease, which is possible according to Art. 20(2a) p.r.r. This solution allows for the contracts of lease of the social apartments to be continued and to protect the rights of tenants, and at the same time the acquirer is not burdened by public obligations, which remain by the proper entity
Variations on the Author
Get PDF“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
- …
