Termination of Order Contract (Published)
With the termination of the order contract we will understand the termination of its effects. The cautions and the reasons for termination of the order are provided respectively in Articles 927 to 934 of the Civil Code. I think that the reasons for these provisions are not taxation. They need not be understood narrowly. For the order contract, the general causes of termination of obligations will also apply, even though they are not explicitly foreseen. Historically, the previous legislation foresaw the causes of extinction more fully
A contract can affect a third party. However, the doctrine of privity means that, as a general rule, a contract cannot confer rights or impose obligations arising under it on any person except the parties to it. This paper deals with the theoretical and practical analysis of the contract for the benefit of a third person by which the benefit obtained from the obligation passes to the third non contractual party. Due to the particular features of this contract, it is important to examine it in detail in order to highlight the special legal nature of the contract for the benefit of the third party as a legal transaction, the elements of the contract, the characteristics, its historical development etc. Also, this paper presents a concept of the specific status of the third party. The author supports the view that the third party (the beneficiary) is an independent contractor who has specific duties and obligations as well as rights and benefits, which is an argument based on the modern theory of interdependence of legal rights and obligations.
Critical Review of Adjudication and Mediation Methods of Dispute Resolution In Terms Of Time, Costs, Effectiveness and the Overall Interests of the Parties (Published)
This paper identifies the positive and negative aspects of adjudication and mediation as alternative methods of construction dispute resolution to arbitration and litigation. Upon examination of relevant literature, judicial findings, and anecdotal evidence, it is evident that adjudication and mediation have proven to be less adversarial and more efficient and cost effective approaches to resolving disputes in the Industry. With the recent improvements in the adjudication process, these have resulted in reducing the incidence of court hearings, and maintaining a working relationship between contracting parties for present and future project purposes. This research information will allow parties in dispute situations to understand such aspects, and make an informed decision as to which dispute resolution process may best suit their interests, and the interests of those concerned.
Keywords: Adjudication, Adjudicator, Arbitration, Cash flow, Claim, Construction Act, Contract, Cost, Dispute, Jurisdiction, Litigation, Mediation, Mediator, Natural Justice, Notice, Scheme, Summary Judgement, Time, Without Prejudice
It is necessary to differentiate among different types of breach bearing in mind that their legal belongings are not similar when breach of contract takes place. Various forms of Non- performance are taken like actual and anticipatory or non-fundamental and fundamental breach. Although, breach or non-performance may be divided into unintended and deliberate one at the standpoint of will. Who has behaved in bad-faith it cannot be indifferent to obligor by Law. In favor of oblige some legal systems have been changed and upgraded at this end. With special remedies, some of international tools like DCFR, PECL and UPICC deliberate breach have been encountered. This paper examines the fastidious effects of deliberate breach with prominence on above mentioned documents.