The purpose of this thesis is to determine the need for qualified Contracting Officers in the execution and administration of contracts formulated under the Armed Forces of the Philippines (AFP) Modernization Program. This 15-year Program is mandated by Republic Act (RA) 7898, otherwise known as the AFP Modernization Act. This law is implemented through Department of National Defense Circular (DC) No. 1 dated 06 March 2000 (replacing DC 29 dated 19 May 1996). The Circular provided adequate guidance for the conduct of major system contracting, but barely touched on the process of contract execution and administration by Contracting Officers, except for assigning this function to the Major Services under the supervision of the Chief of Staff, AFP (CSAFP). It assumes that the parties involved would infer the process of contract administration from the terms and conditions of the contract itself. Contract administration, as handled by qualified Contracting Officers, is a vital process in government acquisitions. It ensures the successful completion of the contract according to the satisfaction of the parties involved. Without this system in place, the AFP risks failure in its Modernization Program (AFPMP). This thesis ascertains the need for qualified Contracting Officers to handle the complex contracts that are sure to come out of the AFPMP. It evaluates the existing contract execution and administration structure in the AFP vis-aÌ -vis existing guidelines to establish the need for βContracting Officerγ positions. Once established, the thesis expounds on the envisioned role of Contracting Officers as they handle the various contracting activities in the AFPMP. It also recommends the associated career paths, education, training and certification programs needed to establish the said position. / Philippine Navy author

In fulfilment of the requirements for the degree of Doctor of Philisophy in the School of Law at the University of the Witwatersrand. / This thesis develops a conceptual framework which represents a systematic, integrated approach to the constitutionalisation of the common law of contract. Although it is beyond doubt that the Bill of Rights must apply horizontally to contract law, there is still considerable debate about the manner in which the system of contract law should be constitutionalised. The thesis begins with an analysis of the respective roles of ss 8 and 39 of the Constitution and finds that they call for the constitutional development to take place within the common law framework, though with constitutional adjustments as required. Whilst the entire body of contract law must be constitutionalised incrementally over time (within the common law tradition), constitutional justice must be done simultaneously in every contract case too. The thesis interrogates the substance, form and attending legal mechanics of operation of contractual autonomy; the idea being that a constitutionalisation of contractual autonomy would in effect constitutionalise or, at the very least, set the stage for the constitutionalisation of contract law in its entirety. The thesis proceeds to unpack the classical liberal underpinnings of contractual autonomy and to tease out its internal (content) and external (reach) dimensions. It highlights contractual autonomy’s preference for an atomistic, independent conception of the contracting self as bolstered by strongly individualist values, and explains that this is out of step with the constitutional vision of a more contextual, interdependent, conception of the self as grounded in collectivist values. Rather, a fluid triage comprising the foundational constitutional values of freedom, dignity and equality, which is cognisant also of the rights enumerated in the Bill of Rights, must now form the basis of contractual autonomy. Moving to the legal methodology employed in the common law of contract, the thesis shows how the extant contract law machine ensconces the classical liberal conception of freedom of contract and thereby mostly frustrates bona fide efforts to constitutionalise the contract law. It thus argues that the legal methodology must be adjusted so that it dovetails likewise with the foundational constitutional triage’s basis of contractual autonomy. Finally, the thesis considers the practical implications of its argument by applying the triage in a number of concrete contexts. Focusing on the economic right to freedom of trade, occupation and profession, the civil-political right to freedom of religion, belief and opinion and the socio-economic right of access to health care services, it shows how a proper (substantive and methodological) invocation of the triage in relation to the internal and external dimensions of contractual autonomy can resolve much of the uncertainty surrounding the question of how precisely to approach the process of constitutionalising contract law.

Thesis (Ph. D.)--University of Hawaii at Manoa, 2003. / Includes bibliographical references (leaf 241).

Thesis (doctoral)--Universität Breslau.

Thesis (doctoral)--Friedrich-Alexanders-Universität zu Erlangen.

Thesis (doctoral)--Philipp-Universitẗ Marburg.

Thesis (doctoral)--Université de Genève. / Includes bibliographical references (p. [209]-214).

Thesis (doctoral)--Johann Wolfgang Goethe-Universität zu Frankfurt.

Thesis (doctoral)--Universität Universität Breslau, 1929. / Includes bibliographical references (p. vii-viii).

Thesis (Ph. D.)--University of Wisconsin, 1902.