Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 16 of 16 for “"Freedom of Contract"”.
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When equality and freedom of contract meet: a consideration of the horizontal application of the Bill of Rights
The application of human rights to private relationships is a difficult question that must be answered by all legal systems which have accepted human rights as binding upon their law. To answer this question a State has to make fundamental ideological decisions, both as to its role in society and …
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The Limits of Laissez-Faire: Free Competition, Freedom of Contract, and Other-Regard as a Competing Principle of Commercial Private Law
A principle of laissez-faire has long dominated the doctrinal development of contract and tort as they apply to commerce. By contrast, opposition to laissez-faire developed in piecemeal fashion, which has precluded this opposition from amounting to a comprehensive critique of laissez-faire. This …
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The importance of the protection of micro enterprises in B2B international commercial contracts.
… the growing disparity in the application of the doctrine of freedom of contract in international commercial contracts, because of the need to protect perceived weaker parties. Using the qualitative doctrinal legal research and adopting an interdisciplinary approach to enquiry, it weighs …
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Viešoji sutartis /
… discusses a relevant topic in Lithuania‘s contract law – the conception of public contract and its development. Due to the analysis of various laws, doctrine and precedents, the article provides with coherent understanding about agreements for public purchase and utility services as well as …
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Principio consensualistico e atto di adempimento traslativo
Once admitted, in light of the freedom of contract, the purely defaulting nature of the art. 1376 c.c., this work aims at understanding the extent to which the principio consensualistico can actually be waived in favor of transfer rules characterized by the separation of titulus and modus …
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Regulatory options for cross-border gas supply security
… or insufficient indigenous supply, the question of securing cross-border gas supply arises. The concern about cross-border gas supply with the right quantity at the right price to the right place at the right time for the importing country’s consumption in totality necessitates the legal …
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Papildomos darbo sutarties sąlygos ir jų teisinio reguliavimo bei praktinio taikymo ypatumai /
Additional Conditions of Employment Contract and Peculiarities of Their Legal Regulation and Practical Application In the master thesis the additional conditions of the employment contract are discussed by analyzing the peculiarities of their legal regulation and practical application. The …
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The Impact of EU Fundamental Rights on the Employment Relationship
The purpose of this thesis is to assess the impact of the EU Charter of Fundamental Rights (the Charter) on the employment relationship. The Charter has long been praised for its inclusion of socio-economic rights alongside traditional civil and political rights. It might have been thought, …
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Policing Standard Form Contracts in Germany and South Africa: A Comparison
The aim of this dissertation is to compare South African law on standard form contracts against the corresponding German law. Thus, the responses of both legal systems to the special situation occurring in cases of standard form contracts will be compared and evaluated. Thereby, the focus of this …
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Rusya federasyonu’nda milletlerarası ticarî tahkim
… Master’s Dissertation, Adviser: Prof. Dr. Fügen SARGIN. \r\nThe purpose of this dissertation is to evaluate International Commercial \r\nArbitration in Russia, within the framework of Russian Law on International \r\nCommercial Arbitration, dated 07 July 1993 and the international …
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The enforceability of time bar clauses in construction contracts : a comparative analysis between the Egyptian civil code and the English and Welsh common law jurisdictions
Construction claims are a fact of life on all projects across the world. In an attempt to safeguard themselves against the risk of claims, employers utilise time bar clauses in construction contracts to waive the contractor’s entitlement to any additional costs or time if a notice of claim is not …
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The role of Good Faith in South African Contract Law: a critical analysis of the Beadica Judgement
… the exact role that good faith plays in the law of contract for years now. Determining the proper operation and application of this principle has lent itself to many problems that have manifested in an inconsistent application of the principle of good faith and, therefore, a lack of …
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The Regulation and Development of the British Moneylending and Pawnbroking Markets, 1870-2016.
… thesis examines the regulation and development of the moneylending and pawnbroking markets in Britain since the 1870s. The six regulatory episodes examined illustrate how the role of state intervention in these markets has been debated, and how it has evolved. The thesis asks: what were the …
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Good faith and fair dealing in international commercial contracts : a quest for uniformity in application
This paper will cover the adoption of the concept in various instruments such as the Convention for the International sale of goods (CISG) in Article 7(1), the UCC of the United States, UNIDROIT in article 1.7, and the most important adoption on the European continent, the Principles of European …