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30 November 2018
Le droit français se singularise par l'établissement d'un traitement juridique spécifique de la négociation commerciale, entre fournisseurs et distributeurs. Diversement apprécié, celui-ci demeure remis en cause obligeant la thèse à déterminer sa légitimité et son efficacité. Sa légitimité, en premier lieu, apparaît établie. Soucieux de corriger l'abus de puissance commerciale du partenaire dominant, le traitement juridique de la négociation commerciale se justifie ; comblant les lacunes du droit des obligations et du droit des pratiques anticoncurrentielles, son caractère propre se justifie également. Son efficacité, en second lieu, apparaît toute relative. En effet, s'intéressant à l'effet du déséquilibre de puissance commerciale, l'abus, et non à ses causes, le traitement juridique étudié manque ses objectifs. Parmi diverses propositions destinées à assurer son efficacité, celle consistant à promouvoir, non plus un traitement individuel de la négociation, mais son traitement collectif, doit être retenue. / French Law stands out by a special law for commercial negociation. However, disputed, this one is challenged. Therefore, our thesis has to determine its legitimacy and its efficiency.First, its legitimacy is etablished. In order to correct the abuse of commercial power, law for commercial negociation is justified ; filling gaps of the contract law and the concurrential law, its specificity is justified too.Secondly, its efficiency is questionable. Indeed, it takes into account the effect of the power imbalance, the abuse, but does not consider its causes. That's why, many proposals have to be note. Among those, the etablishement of a collective bargaining seems the most relevant.
The moderating effects of causality orientations on psychological contract breach outcome relationship /Pak, Sim, Tess. January 2007 (has links)
Thesis (Ph. D.)--University of Hong Kong, 2007. / Title proper from title frame. Also available in printed format.
Thesis (Ph. D.)--State University of New York at Binghamton, Program of Philosophy, Interpretation, and Culture, 2006. / Includes bibliographical references.
21 June 2000
The major goal of this paper is to study the problem of power dispatch for bilateral contract. The proposed problem was separated into two parts in this thesis. The first deals with the deregulated electricity market, where Generation Company and Distribution Company will be permitted to establish bilateral service contracts in the market. The Independent System Operator (ISO) has an overall responsibility to execute these bilateral contracts as far as the operating conditions permit. In this thesis, the problem of power dispatch for bilateral contract is formulated as minimization of deviations from transaction requests made by market participants. In addition, various constraints consisting of capacity coupling, spinning reserve capacity and transmission line constraints are explicitly taken into account. We also consider the impact of transmission congestion and environmental constraints. DC load flow and interior point (IP) methods were used in solving this problem. According to various simulations, the proposed method is reliable and helpful for ISO¡¦s power dispatch. Second part of the thesis deals with the flexible AC transmission system (FACTS) devices, such as thyristor controlled series compensators and thyristor controlled phase shifters, under transmission congestion. Evolutionary Programming, known to avoid local convergence and achieve nearly global optimum, was used to solve this combinatorial optimization problem. FACTS installation tried to solve or improve congestion in the transmission network for bilateral contracts. It could also provide planning tools for system expansion for operators¡¦ references.
30 June 2000
Multiple obligations: distinguishing the dimensionality and confirming the role of ideology within the psychological contract frameworkBingham, John Byron 30 October 2006 (has links)
I seek to further understand and empirically test the role of ideology, or commitment to an espoused cause, as part of a multidimensional psychological contract among employees in organizational settings. I present and provide a preliminary validation of a measure of ideological contracts and propose a model that suggests employees develop perceived obligations with their employers based on economic, social, and ideological reasons. Different behaviors are likely to be expected based on the obligation types that are most significant to the employees. Specifically, my model suggests obligations stemming from the espousal of a cause may elicit positive employee contributions toward organizational goals. Further, I posit that employees may seek to benefit distinct individuals and/or entities within the organization based on their psychological contract form. Cross-sectional data from four distinct samples provided strong support for the idea that transactional, relational, and ideological components of the psychological contract are distinct, and preliminary support that such components are predictive of specific individual-level outcomes.
23 June 2008
Abstract The law theory of administration contract is from France at first, and then it was carried forward by German. The administration practical surroundings in Taiwan also accept the theory aspect of administration contract. When we do research on the topic, we should understand what it could be made for, and which problems in administration it could solve. So it is necessary to have a unanimously understanding view on administration contract in France and German before we try to understand the difference between administration from private contract and, building our own administration contract legal theory. After understanding the development situation of administration contract the following question is how we can tell the administration contract from private contract, for the answer, we should know the standards which help us understand what the administration contract is. The article thinks all of those standards which scholars build are all characters of it. These standards are made from administration contracts¡¦ peculiarities. So we can say every standard is equal to the definition of administration contract, but one thing we admitted is it is impossible to give administration contract a perfect definition. So we can not give up use the standards to definite administration contract and accept all the context of all the standards at the same time. When a government set a contract with citizens, the contracts almost are public, we could call them administration contract all the time, but there are still some special exceptions, for example, a government set a trade contract for the government¡¦s own good to support the administration process, the article thinks the kind of contract is not for public goods for people. We just call it private contract. When the government¡¦s duties get more and more complex, we could not imagine all administration duties de done by their own. So the administration law theory develops the aspect called administration contract providing a way to deal with the problems when modern national character¡¦s changing. So administration contract was born. Public construction contract is used to provide a construction which be made for public goods. Originally government should coordinate the demanded to design public construction, but as we said before, governments set a contract with building company to help government finish public duty. The article has a totally different opinion from that of mainstream: the public construction contract is a administration contract, and let go step further thinking, if we regards public construction contract as administration contract. The power of government will be legally limited and controlled by the public administration law designed to prevent public good. Anyway, administration law is the spiritual prop for the administration practice, now some people said our nation¡¦s purchasing process is not clean, if we could let the processed be inspected. The article thinks the problem will gain improvement. That is the gall and value it exists.
(has links) (PDF)
Univ., Diss.--Zugl.: Poitiers, 2003.
L'abus dans les contrats conclus entre professionnels : l'apport de l'analyse économique du contrat /Cathiard, Audrey. January 2006 (has links) (PDF)
Univ., Diss.--Cergy-Pontoise, 2004.
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