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Změna smlouvy na veřejnou zakázku / Amendment of public contractDobr, Daniel January 2020 (has links)
Amendment of public contract Abstract Amendment of public contract is a small but important part of all public procurement regulation, which, among other things, helps to spend public funds efficiently, prevents corruption, ensures transparency and equal treatment of suppliers and enables contracting authorities to respond to circumstances requiring a change in their contractual relations with suppliers without increased time or administrative demands. The first part of this thesis describes the basic concepts important for understanding the legal regulation of amendment of public contract and outlines the historical development of this area, both at the European and national level. In the following, and at the same time crucial, part, the thesis analyzes in detail the effective legal regulation of amendment of public contract. In this analysis, considerable emphasis is placed on the case-law of the Office for the Protection of Competition, domestic courts and the Court of Justice of the European Union, which is tremendously important for the interpretation of individual legal rules. The thesis also tries to provide specific examples of permitted and prohibited amendments from the case-law of the mentioned bodies. The thesis also deals with individual deviations of the legal regulation of sectoral public...
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The effects of contract modifications on Shari'ah compliant products in the United StatesWali-Uddin, Abdullah Mahdi 04 1900 (has links)
Islamic banking in the United States of America, became recognized as an
alternative to expand into the market of traditional Muslim consumers, living in
the United States. Because of strict regulatory guidelines, no Islamic banks
exist in the United States. Instead, conventional banks, Islāmic banking
windows (IBW) and other financial institutions offer Shari‘ah compliant products
by modifying classical Islamic contracts or attaching a rider to define contract
verbiage. This study reviewed techniques of adapting contracts used for
Shari‘ah compliant products in the United States to determine if the contracts
maintain the true characteristics of the original classical Islamic contracts.
Contracts in Islamic sacred law provide protections by ensuring wealth is not
wasted, and no injustice is performed by either of the contracting parties.
Wealth protection and justice are the inherit characteristics of contracts in the
Islāmic law. Any changes or modifications may void or decrease the protections
provided in Islamic law. This research reviewed the theoretical aspects of
contract modifications, by analyzing the procedures used for the derivative
Shari‘ah compliant product contracts used in the Islamic finance industry in
the United States. Data was evaluated and compared with the requirements of
classical Islamic contract equivalents, to determine the effects of these
changes. / Religious Studies and Arabic / D. Phil. (Religious Studies)
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