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1 – 10 of over 22000Hafsa Bashir, Bashir Ahmad, Muhammad Waseem Bari and Qurat Ul Ain Khan
Based on signaling and motivation theories, this study investigates the impact of organizational practices on the formation and development of expatriates' psychological contracts…
Abstract
Purpose
Based on signaling and motivation theories, this study investigates the impact of organizational practices on the formation and development of expatriates' psychological contracts in three stages. Stage 1: the impact of the selection process on psychological contract formation with the mediating role of perceived organizational justice. Stage 2: the impact of pre-departure training on psychological contract formation with the mediating role of individual absorptive capacity. Stage 3: the impact of perceived organizational support on psychological contract development with the mediating role of expatriates' adjustment.
Design/methodology/approach
By using a purposive sampling technique, the respondents were approached via e-mails and personal visits in three waves, each wave had 45 days gap. After three waves, a total of 402 complete questionnaires were received back. To test the hypotheses, the partial least squares-based structural equation modeling (PLS-SEM) approach was used.
Findings
Stage 1: effective selection process and perceived organizational justice positively support the psychological contract formation. Stage 2: the pre-departure training and individual absorptive capacity have a positive influence on the psychological contract formation of expatriates. Stage 3: the perceived organizational support and psychological contract development have a positive direct association. However, expatriates' adjustment does not mediate the association between perceived organizational support and the psychological contract development of expatriates.
Practical implications
The implications of this study are supportive to the organizations that deal with expatriates. The organizations should adopt practices (i.e. effective selection process, pre-departure training and perceived organizational support) for effective formation of psychological contract formation and development. In addition, perceived organizational justice, individual absorptive capacity and expatriates' adjustment can help out in the formation and development of the psychological contract of expatriates.
Originality/value
This study highlights the role of organizational best practices in the formation and development of the psychological contract of expatriates.
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North Korea joined the United Nations Convention on Contracts for the International Sale of Goods (CISG) as a 90th member on March 27, 2019, which will necessitate the…
Abstract
Purpose
North Korea joined the United Nations Convention on Contracts for the International Sale of Goods (CISG) as a 90th member on March 27, 2019, which will necessitate the understanding of North Korean laws, in particular, the contract law for sale. This paper aims to compare the CISG and the North Korean contract law as to the formation of a contract focusing on form and writing requirement, offer and acceptance.
Design/methodology/approach
This paper analyzes the provisions of the North Korean Civil Code and the CISG and reviews the previous research studies concerning the formation of a contract.
Findings
The CISG and the North Korean Civil Code are very similar in many aspects as to the formation of a contract. However, there are some discrepancies as to the formation of a contract to which the parties need to pay attention in choosing the governing law.
Practical implications
The parties need to pay attention to the differences concerning the formation of a contract between the North Korean Civil Code and the CISG in concluding a contract for sale with North Korea.
Originality/value
This paper will be the first research work, to the best of the author’s knowledge, on the comparison of the CISG and the North Korean contract law as to the formation of a contract.
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The purpose of this paper is to describe and analyze the rules on the formation of contracts under Korean law and the Contracts for the International Sale of Goods (CISG) in a…
Abstract
Purpose
The purpose of this paper is to describe and analyze the rules on the formation of contracts under Korean law and the Contracts for the International Sale of Goods (CISG) in a comparative way and introduce the relevant proposed rules under the Amendment Draft of the Korean Civil Code (KCC). In addition, it attempts to compare and evaluate them in light of the discipline of comparative law.
Design/methodology/approach
In order to achieve the purposes of the study, it executes a comparative study of the rules as to the formation of contracts of the CISG, Korean law and the Amendment Draft of the KCC. The basic question for this comparative study is placed on whether a solution from one jurisdiction is more logical than the others and to what extent each jurisdiction has responded to protect the reasonable expectations of the parties in the rules as to the formation of contracts.
Findings
The comparative study finds that most of the rules under the CISG are quite plausible and logical and they are more or less well reflected in the proposals advanced by the KCC amendment committee. On the other hand, the other rules under the CISG which have brought criticisms in terms of their complexity and inconsistent case law invite us their revision or consistent interpretation. The drawbacks of the CISG have also been well responded in the Amendment Draft of the KCC. Nevertheless, it is quite unfortunate that the Amendment Draft of the KCC still has a rule that regards any purported performance with non-material alteration of the terms of an offer as an acceptance.
Originality/value
This study may provide legal and practical advice to both the seller and the buyer when they enter into a contract for international sales of goods. In addition, it may render us an insight into newly developed or developing rules in this area and show us how they interact with each other. Furthermore, it may be particularly useful in Korea where there is an ongoing discussion for revision of the KCC.
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Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some…
Abstract
Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.
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Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…
Abstract
Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.
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Jennifer Charlson, Robert Baldwin and Jamie Harrison
The purpose of this paper is to consider the implications of the admission of oral contracts to statutory adjudication proceedings. A major criticism of the Housing Grants…
Abstract
Purpose
The purpose of this paper is to consider the implications of the admission of oral contracts to statutory adjudication proceedings. A major criticism of the Housing Grants, Construction and Regeneration Act 1996 (“HGCRA 1996”) was that Section 107 required contracts to be “in writing” for the parties to be able to use statutory adjudication. In response, the Local Democracy, Economic Development and Construction Act 2009 repealed Section 107 of the HGCRA 1996. This paper considers the implications of the admission of oral contracts to statutory adjudication proceedings, whereby adjudicators’ may now have to determine the exact nature of oral agreements. The critical literature review has highlighted that there is a perceived risk that, by allowing oral contracts to be decided through adjudication, there could be an increased risk of injustice (as the adjudicator may have to decide oral testimony about contract formation). Adjudicators may now have to determine the exact nature of oral agreements. The critical literature review has highlighted that there is a perceived risk that by allowing oral contracts to be decided through adjudication there could be an increased risk of injustice (as the adjudicator may have to decide oral testimony about contract formation).
Design/methodology/approach
The questionnaire responses of 38 construction industry professionals were analysed by identifying facts and salient themes. The research aims to identify to what extent the changes have widened the scope for entering into adjudication proceedings and whether there is an increased risk of injustice due to the short timescales involved.
Findings
There was significant agreement that parties to an oral agreement have an increased risk of injustice through wrong interpretation of the terms and significant disagreement that allowing oral contracts to be referred to adjudication will encourage the use of oral agreements. In addition, construction industry professionals were interviewed in the Midlands, UK, to obtain their opinions, views and perceptions of the admission of oral contracts to statutory adjudication.
Originality/value
The research is anticipated to be of particular benefit to parties considering referring an oral contract to adjudication.
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Ambareen Beebeejaun and Rajendra Parsad Gunputh
E-commerce is gaining popularity across the globe and Mauritian businesses are also increasingly making use of online platforms to engage in cross-border electronic transactions…
Abstract
E-commerce is gaining popularity across the globe and Mauritian businesses are also increasingly making use of online platforms to engage in cross-border electronic transactions. However, there are several implications arising from online trading which need to be addressed, among which one is the validity of e-contracts. This research will therefore emphasise on two main components of e-contracts: choice of law and the applicable jurisdiction. While Mauritian laws were amended to give effect to digital signatures and e-agreements, there is no extensive or substantive domestic legal provision on choice of law and jurisdiction. Hence, the purpose of this study is to advocate for a greater clarity on the legal framework governing the applicable law and jurisdiction governing a conflict situation in e-contracts, with the view of increasing trust in international e-commerce and to bring in consistency with international commercial relations. This study will be carried out in the Mauritian context by adopting the black letter approach which will analyse the relevant rules and regulations concerning e-contract formation and validity. Additionally, a comparative analysis will be conducted on the legal framework relating to the applicable law and jurisdiction in e-contracts for selected countries: the European Union and the United States. These countries have been chosen for the comparison due to their high involvement in e-commerce and their advanced as well as comprehensive rules on e-commerce.
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Suherman S.H. and Heru Sugiyono
This research is very important to conduct to review government policy on Indonesian contract law that still uses contract law inherited from Dutch product (BW) and review which…
Abstract
Purpose
This research is very important to conduct to review government policy on Indonesian contract law that still uses contract law inherited from Dutch product (BW) and review which regulations are to be adapted to current development of contract law. This research’s novelty is that new rules will be found in Indonesian contract law.
Design/methodology/approach
This research used normative and empirical methods. Normative research is dogmatic research or one that analyzes legislation using secondary data consisting of primary, secondary and tertiary legal materials. Besides the normative method, the research was also conducted using empirical method through direct interview and observation in some government agencies, such as the Directorate General of Legislation, Ministry of Law and Human Rights (HAM) and Chairman of Legal Product Formation Division, House of People’s Representatives of the Republic of Indonesia and the Civil Law Teaching Association (APHK).
Findings
This research found that new Indonesian contract law is very important to give legal certainty and justice to the people, and the contract law must regulate important matters related to the sources of contract besides agreement and law, related to termination, unjust enrichment, negotiation, good faith, public contract and private contract and related to legal act and validity of electronic contract.
Research limitations/implications
The novelty of this research is that new rules will be found in Indonesian contract law. This research is different from previous researches conducted by Sigit Irianto (2013) and Deviana Yuanitasari (2020), that discuss only on contract law development related only to the good faith principle.
Practical implications
Drafting contract law is a relatively heavy duty due to the factor of law pluralism that contains contract aspect in Indonesia such as customary law aspect, Islamic law aspect, regional aspect, international aspect and other aspects. In fact, meanwhile, there is rapid development in the community with regard to business transactions that are also followed with contract law development. Therefore, amendment is needed for the Indonesian contract law to adapt to the people’s need for law, and this change agenda is also addressed to updating the contract law.
Social implications
Civil law reform, especially contract law, is deemed very important for Indonesia, because based on field fact, people do their business contract by applying contract law that is not yet regulated in the contract law in KUHPerdata; thus, new contract law is needed that regulates important matters related to sources other than agreement and law.
Originality/value
It is very important to conduct this research to review government policy in Indonesian contract law that still uses the contract law inherited from Dutch product (BW) and review what regulations should have been adjusted to current development of contract law. The novelty of this research is that new rules will be found in Indonesian contract law. This research is different from previous researches conducted by Sigit Irianto (2013) and Deviana Yuanitasari (2020), that discuss only on contract law development related only to the good faith principle.
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The evidence suggests deductions for non-performance and competitive solicitation methods are key determinants of contractor performance. A penalty provision is strongly…
Abstract
The evidence suggests deductions for non-performance and competitive solicitation methods are key determinants of contractor performance. A penalty provision is strongly associated with an increase in unit cost, while a competitive solicitation method reduces unit cost. The evidence is inconclusive for fixed price contract and contract length. The findings support the idea that contracting techniques impact contractor performance. The potential for cost savings may not be fully realized unless techniques that focus on competitive contracting are employed. Future research that addresses contract design factors for other services in other settings will provide information to help policy makers choose among the numerous contract design options.
Erum Ishaq, Usman Raja, Dave Bouckenooghe and Sajid Bashir
Using signaling theory and the literature on psychological contracts, the authors investigate how leaders' personalities shape their followers' perceptions of the type of…
Abstract
Purpose
Using signaling theory and the literature on psychological contracts, the authors investigate how leaders' personalities shape their followers' perceptions of the type of psychological contract formed. They also suggest that leaders' personalities impact their followers' perceived contract breach. Furthermore, the authors propose that power distance orientation in organizations acts as an important boundary condition that enhances or exacerbates the relationships between personality and contract type and personality and perceived breach.
Design/methodology/approach
Data were collected through multiple sources in Pakistan from 456 employees employed in 102 bank branches. Multilevel moderated path analyses provided reasonably good support for our hypotheses.
Findings
The leaders' personalities impacted the relational contracts of their followers in the cases of extraversion and agreeableness, whereas neuroticism had a significant relationship with the followers' formation of transactional contracts. Similarly, agreeableness, neuroticism and conscientiousness had significant relationships with perceived breach. Finally, the power distance of the followers aggregated at a group level moderated the personality-contract type and personality-perceived breach relationships.
Research limitations/implications
This research advances understanding of psychological contracts in organizations. More specifically, it shows that the personality of leader would have profound impact on the type of contract their employees form and the likelihood that would perceive the breach of contract.
Originality/value
This research extends existing personality-psychological contract literature by examining the role of leaders' personalities in signaling to employees the type of contract that is formed and the perception of its breach. The role of power distance organizational culture as a signaling environment is also considered.
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