Search results for: Forms of contract

Authors: Abdulkadir Abu Lawal

Abstract:

The study was carried out to establish the probability density function of some selected building construction projects of similar complexity delivered using Bill of Quantities (BQ) and Lump Sum (LS) forms of contract, and to draw a reliability scenario for each form of contract. 30 of such delivered projects are analyzed for each of the contract forms using Weibull Analysis, and their Weibull functions (α, and β) are determined based on their completion times. For the BQ form of contract delivered projects, α is calculated as 1.6737E20 and β as + 0.0115 and for the LS form, α is found to be 5.6556E03 and β is determined as + 0.4535. Using these values, respective probability density functions are calculated and plotted, as handy tool for risk analysis of future projects of similar characteristics. By input of variables from other projects, decision making processes can be made for a whole project or its components using EVM Analysis in project evaluation and review techniques. This framework, as a quantitative approach, depends on the assumption of normality in projects completion time, it can help greatly in determining the completion time probability for veritable projects using any of the contract forms under consideration. Projects aspects that are not amenable to measurement, on the other hand, can be analyzed using fuzzy sets and fuzzy logic. This scenario can be drawn for different types of building construction projects, and using different suitable forms of contract in projects delivery.

Keywords: Building construction, Projects, Forms of contract, Probability density function, Reliability scenario.

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Authors: Dchieche Amina, Aboulaich Rajae

Abstract:

Profit and loss sharing suggests an equitable sharing of risks and profits between the parts involved in a financial transaction. Salam is a contract in which advance payment is made for goods to be delivered at a future date. The purpose of this work is to price a new contract for profit and loss sharing based on Salam contract, using Khiyar Al Ghabn which is an agreement of choice in case of misrepresent facts.

Keywords: Islamic finance, Shariah compliance, profit and loss sharing, derivatives, risks, hedging, salam contract.

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Authors: Malaw Ndiaye, Karim Konate

Abstract:

Smart contracts are computer protocols that facilitate, verify, and execute the negotiation or execution of a contract, or that render a contractual term unnecessary. Blockchain and smart contracts can be used to facilitate almost any financial transaction. Thanks to these smart contracts, the settlement of dividends and coupons could be automated. Smart contracts have become lucrative and profitable targets for attackers because they can hold a great amount of money. Smart contracts, although widely used in blockchain technology, are far from perfect due to security concerns. Although a series of attacks are listed, there is a lack of discussions and proposals on improving security. This survey takes stock of smart contract security from a more comprehensive perspective by correlating the level of vulnerability and systematic review of security levels in smart contracts.

Keywords: Blockchain, bitcoin, smart Contract, criminal smart contract, security.

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Authors: Anna Rogozińska-Pawełczyk

Abstract:

A psychological contract is an agreement between the employer and an employee that covers the parties’ informal and frequently non-verbalized obligations and expectations towards each other. The contract is a cognitive pattern-governing employee’s behaviour in the organization. A gap between employee’s expectations and the organizational reality may lead to difficult-to-solve conflicts or cause the employee to modify their behaviour towards organizational values and goals, if they are willing and ready to verbalize their expectations. The article discusses psychological contracts in the financial institutions in Poland. Its theoretical part outlines the types of psychological contracts in organizations (relational, transactional, and balanced) and shows the process of their verbalization. The purpose of the article is to present how the type of the psychological contract relates to employee’s readiness to verbalize it. The article ends with conclusions arising from the study.

Keywords: Customer contact staff in banks, employee expectations, financial institutions, mutual expectations, psychological contract, verbalization of the psychological contract.

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Authors: Nicholas Kyriazis, Emmanouil Marios L. Economou, Jr, Loukas Zachilas

Abstract:

In the present essay, a model of choice by actors is analysedby utilizing the theory of chaos to explain how change comes about. Then, by using ancient and modern sources of literature, the theory of the social contract is analysed as a historical phenomenon that first appeared during the period of Classical Greece. Then, based on the findings of this analysis, the practice of direct democracy and public choice in ancient Athens is analysed, through two historical cases: Eubulus and Lycurgus political program in the second half of the 4th century. The main finding of this research is that these policies can be interpreted as an implementation of a social contract, through which citizens were taking decisions based on rational choice according to economic considerations.

Keywords: Chaos theory, public choice, social contract, 4th century BC. Athens.

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Authors: Yung-Pin Cheng, Ching-Huei Wang

Abstract:

Process improvements have drawn much attention in practical software engineering. The capability maturity levels from CMMI have become an important index to assess a software company-s software engineering capability. However, in countries like Taiwan, customers often have no choices but to deal with vendors that are not CMMI prepared or qualified. We call these vendors maturitylevel- 1 (ML1) vendors. In this paper, we describe our experience from consulting an e-school project. We propose an approach to help our client tackle the ML1 vendors. Through our system analysis, we produce a design. This design is suggested to be used as part of contract and a blueprint to guide the implementation.

Keywords: CMMI, Software Engineering, Software Design, Designas Contract.

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Authors: T. Spiegel, J. Siegmann, C. F. Durach

Abstract:

Challenges resulting from an international and dynamic business environment are increasingly being passed on from manufacturing companies to external service providers. Especially providers of complex, customer-specific industry services have to cope with continuously changing requirements. This is particularly true for contract logistics service providers. They are forced to develop efficient and highly flexible structures and strategies to meet their customer’s needs. One core element they have to focus on is the reorganization of their service development and sales process. Based on an action research approach, this study develops and tests a concept to streamline tender management for contract logistics service providers. The concept of modularized service architecture is deployed in order to derive a practice-oriented approach for the modularization of complex service portfolios and the design of customized quotes. These findings are evaluated regarding their applicability in other service sectors and practical recommendations are given.

Keywords: Contract Logistics, Modularization, Service Development, Tender Management.

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Authors: E. Harrer, M. Mauerhofer, T. Werginz

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As a result of intensive competition, the building sector is suffering from a high degree of rivalry. Furthermore, there can be observed an unbalanced distribution of project risks. Clients are aimed to shift their own risks into the sphere of the constructors or planners. The consequence of this is that the number of conflicts between the involved parties is inordinately high or even increasing; an alternative approach to counter on that developments are cooperative project forms in the construction sector. This research compares conventional contract models and models with partnering agreements to examine the influence on project risks by an early integration of the involved parties. The goal is to show up deviations in different project stages from the design phase to the project transfer phase. These deviations are evaluated by a survey of experts from the three spheres: clients, contractors and planners. By rating the influence of the participants on specific risk factors it is possible to identify factors which are relevant for a smooth project execution.

Keywords: Collaborative work, construction industry, contract-models, influence, partnering, project management, risk.

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Authors: Oliver Radolović

Abstract:

The subject of the paper is comparative analysis of the hotel guest-s contractual liability for breaching the obligation for non-payment of hotel services in the hotel-keeper-s contract. The paper is methodologically conceived of six chapters (1. introduction, 2. comparative law sources of the hotel-keeper-s contract, 3. the guest-s obligation for payment of hotel services, 4. hotel guest's liability for non-payment, 5. the hotel-keeper-s rights due to nonpayment and 6. conclusion), which analyzes the guest-s liability for non-payment of hotel services through the international law, European law, euro-continental national laws (France, Germany, Italy, Croatia) and Anglo-American national laws (UK, USA). The paper-s results are the synthesis of answers to the set hypothesis and comparative review of hotel guest-s contractual liability for nonpayment of hotel services provided. In conclusion, it is necessary to adopt an international convention on the hotel-keeper-s contract, which would unify the institute of the hotel guest-s contractual liability for non-payment of hotel services at the international level.

Keywords: Comparative law, hotel guest's contractual liability, non-payment, hotel-keeper's contract.

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Authors: Ganiyu Amuda Yusuf, Sarajul Fikri Mohamed

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The procurement and cost management approach adopted for mechanical and electrical (M&E) services in Malaysian construction industry have been criticized for its inefficiency. The study examined early cost estimating practices adopted for mechanical and electrical services (M&E) in Malaysia so as to understand the level of compliance of the current techniques with best practices. The methodology adopted for the study is a review of bidding documents used on both completed and on – going building projects awarded between 2008 – 2010 under 9th Malaysian Plan. The analysis revealed that, M&E services cost cannot be reliably estimated at pre-contract stage; the bidding techniques adopted for M&E services failed to provide uniform basis for contractors to submit tender; detailed measurement of items were not made which could complicate post contract cost control and financial management. The paper concluded that, there is need to follow a structured approach in determining the pre-contract cost estimate for M&E services which will serve as a virile tool for post contract cost control.

Keywords: Cost Management, Mechanical and Electrical Services, Procurement, Standard Method of Measurement

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Authors: Seung Yeon Son

Abstract:

Workers (especially, competent personnel) have been recognized as a core contributor to overall organizational effectiveness. Hence, verifying the determinants of turnover intention is one of the most important research issues. This study tested the influence of perceived organizational support and abusive supervision on employee’s turnover intention. In addition, mediating roles of psychological contract and emotional exhaustion were examined. Data from 255 Korean employees supported all hypotheses Implications for research and directions for future research are discussed.

 

Keywords: Abusive Supervision, Emotional Exhaustion, Perceived Organizational Support, Psychological Contract, Turnover Intention.

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Authors: S. Homrossukon, W. Parinyasart

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This is an applied research to propose the method for price quotation for a contract electronics manufacturer. It has had a precise price quoting method but such method could not quickly provide a result as the customer required. This reduces the ability of company to compete in this kind of business. In this case, the cause of long time quotation process was analyzed. A lot of product features have been demanded by customer. By checking routine processes, it was found that high fraction of quoting time was used for production time estimating which has effected to the manufacturing or production cost. Then the historical data of products including types, number of components, assembling method, and their assembling time were used to analyze the key components affecting to production time. The price quoting model then was proposed. The implementation of proposed model was able to remarkably reduce quoting time with an acceptable required precision.

Keywords: Price quoting, Contract manufacturer, Stepwise technique, Best subset technique.

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Authors: M. Oloomi-Buygi, M. Reza Salehizadeh

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In this paper a new approach for transmission pricing is presented. The main idea is voltage angle allocation, i.e. determining the contribution of each contract on the voltage angle of each bus. DC power flow is used to compute a primary solution for angle decomposition. To consider the impacts of system non-linearity on angle decomposition, the primary solution is corrected in different iterations of decoupled Newton-Raphson power flow. Then, the contribution of each contract on power flow of each transmission line is computed based on angle decomposition. Contract-related flows are used as a measure for “extent of use" of transmission network capacity and consequently transmission pricing. The presented approach is applied to a 4-bus test system and IEEE 30-bus test system.

Keywords: Deregulation, Power electric markets, Transmission pricing methodologies, decoupled Newton-Raphson power flow.

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Authors: Beata Wentura-Dudek

Abstract:

In Sweden the needs of the labor market are regularly monitored. Test results and forecasts translate directly into the education system in this country, which is largely a state system. Sweden is one of the first countries in Europe that has used active labor market policies. It is realized that there is an active unemployment which includes a wide range of activities that can be divided into three groups: Active forms of influencing the creation of new jobs, active forms that affect the labor supply and active forms for people with disabilities. Most of the funding is allocated there for subsidized employment and training. Research conducted in Sweden shows that active forms of counteracting unemployment focused on the long-term unemployed can significantly raise the level of employment in this group.

Keywords: Sweden, research conducted in Sweden, labour market, labour market policies, unemployment, active forms of influencing the creation of new jobs, active forms of counteracting unemployment, employment, subsidized employment education.

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Authors: Farideh Alizadeh, Mohd Nasir Hashim

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Present research investigates eclecticism in Iranian theatre on the basis of eclectic theory. Eclectic theatre is a new theory in postmodernism. The theory appeared during 60th – 70th century in some theatres such as “Conference of the Birds”. Special theatrical forms have been developed in many geographical- cultural areas of the world and are indigenous to that area. These forms, as compared with original forms, are considered to be traditional while being comprehensive, the form is considered to be national. Kaboudan and Sfandiar theatre has been influenced by elements of traditional form of Iran.

Keywords: Eclectic theatre, theatrical forms, tradition, play.

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Authors: Kettawa Boonprakarn, Jedsarid Sangkaphan, Bejapornd Deekhuntod, Nuntharat Suriyo

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This study aimed to investigate the existence of field corn networks on the Thailand-Burma border under the patron-client contract farming system. The data of this qualitative study were collected through in-depth interviews with nine key informants.

The results of the study revealed that the existence of the field corn networks was associated with the relationship where farmers had to share their crops with protectors in the areas under the influence of the KNU (Karen National Union) and the DKBA (Democratic Karen Buddhist Army) or Burmese soldiers. A Mae Liang, the person who starts a network has a connection with a Thaokae, Luk Rai Hua Chai or the head of a group of farmers, and farmers. They are under the patron-client system with trust and loyalty that enable the head of the group and the farmers in the Burma border side to remain under the same Mae Liang even though the business has been passed down to later generations.

Keywords: Existence, field-corn networks, patron-client system, contract farming.

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Authors: Aussadavut Dumrongsiri

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Westudy a dual-channel supply chain under decentralized setting in which manufacturer sells to retailer and to customers directly usingan online channel. A customer chooses the purchase-channel based on price and service quality. Also, to buy product from the retail store, the customer incurs a transportation cost influenced by the fluctuating gasoline cost. Both companies are under the revenue sharing contract. In this contract the retailer share a portion of the revenue to the manufacturer while the manufacturer will charge the lower wholesales price. The numerical result shows that the effects of gasoline costs, the revenue sharing ratio and the wholesale price play an important role in determining optimal prices. The result shows that when the gasoline price fluctuatesthe optimal on-line priceis relatively stable while the optimal retail price moves in the opposite direction of the gasoline prices.

Keywords: direct-channel, e-business, pricing model, dualchannel supply chain, gasoline cost, revenue sharing

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Authors: Tessa Berg, Emma Guion Akdag

Abstract:

Summative feedback forms are used in academia for gathering data on course quality and student understanding. Students answer a series of questions based on the course they are soon to finish in these forms. Feedback forms are notorious for being homogenised and limiting and thus the data captured is often neutral and lacking in tacit emotional responses. This paper contrasts student feedback forms with collaborative drawing. We analyse 19 pictures drawn by international students on a pre-sessional course. Through visuals we present an approach to enable a holistic level of student understanding. Visuals communicate irrespective of possible language, cultural and educational barriers. This paper sought to discover if the pictures mirrored the feedback given on a typical feedback form. Findings indicate a considerable difference in the two approaches and thus we highlight the value of collaborative drawing as a complimentary resource to aid the understanding of student experience.

Keywords: Feedback forms, visualisation, student experience, collaborative drawing.

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Authors: Ismail Muratoglu, Ahmet Meyveci, Abdurrahman Tuncer, Erkan Demirci

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This study is dedicated to the analysis of the problems of occupational safety in Turkey, Italy and Poland. The need analysis was applied to three different countries which are Turkey; 4, Poland; 1, Italy; 1 state. The number of the subjects is 891 in Turkey. The number of the subjects is 26 in Italy and the number of the subjects is 19 in Poland. The total number of samples of study is 936. Four different forms (Job Security Experts Form, Student Form, Teacher Form and Company Form) were applied. Results of experts of job security forms are rate of 7.1%. Then, the students’ forms are rate of 34.3%, teacher or instructor forms are rate of 9.9%. The last corporation forms are rate of 48.7%.

Keywords: Europe, need analysis, occupational safety, Turkey, vocational education.

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Authors: Hamed Homaei, Iraj Mahdavi, Ali Tajdin

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One of the main concerns of miners is to increase the quality level of their products because the mining metals price depends on their quality level; however, increasing the quality level of these products has different costs at different levels of the supply chain. These costs usually increase after extractor level. This paper studies the coordination issue of a decentralized three-level supply chain with one supplier (extractor), one mineral processor and one manufacturer in which the increasing product quality level cost at the processor level is higher than the supplier and at the level of the manufacturer is more than the processor. We identify the optimal product quality level for each supply chain member by designing a revenue sharing contract. Finally, numerical examples show that the designed contract not only increases the final product quality level but also provides a win-win condition for all supply chain members and increases the whole supply chain profit.

Keywords: Three-stage supply chain, product quality improvement, channel coordination, revenue sharing.

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Authors: Ramadan Ali Bawa, Ebtisam Mohammed Alzaraide

Abstract:

The spectroscopic study on 4-(9-anthrylazo) phenol has revealed that the azo dye under study exists in two tautomeric forms which are azo phenol and hydrazo keto forms in ratio of almost (1:1). The azo hydrazone tautomerism was confirmed by the use of IR spectroscopy and HNMR in which the characteristic absorption bands and chemical shifts for both tautomers were assigned.

Keywords: Spectroscopic, tautomeric forms, azo hydrazone tautomerism, IR spectroscopy, HNMR.

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Authors: S. Gupta, R. Chadha

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Five crystal modifications of water insoluble artesunate were generated by recrystallizing it from various solvents with improved physicochemical properties. These generated crystal forms were characterized to select the most potent and soluble form. SEM of all the forms showed changes in external shape leading them to be different morphologically. DSC thermograms of Form III and Form V showed broad endotherm peaks at 83.04oC and 76.96oC prior to melting fusion of drug respectively. Calculated weight loss in TGA revealed that Form III and Form V are methanol and acetone solvates respectively. However, few additional peaks were appeared in XRPD pattern in these two solvate forms. All forms exhibit exothermic behavior in buffer and two solvates display maximum ease of molecular release from the lattice. Methanol and acetone solvates were found to be most soluble forms and exhibited higher antimalarial efficacy showing higher survival rate (83.3%) after 30 days.

Keywords: Artesunate, Crystal modifications, in vivo studies, Recrystallization.

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Authors: R. Kozik, A. Leśniak A., E. Plebankiewicz

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Contracting authorities in the public sector are obligated to apply the principles provided for in the Polish law for the evaluation and selection of contractors. In order to analyse the methods of contractors selecting applied in practice by public clients, the notices of contract award results for construction works were analysed. The analysis shows that the procedure selected more and more often is open competitive bidding, where the assessment of the competence of contractors is not very precise, as well as noncompetitive bidding, i.e. single source procurement. The share of procurement procedures, where the only criterion is price, is increasing. The solution to the problems existing here might be the introduction of one of the forms of pre-selection of contractors. The article also briefly discusses verification systems for companies applying for public contracts used in EU countries.

Keywords: Certification, contractors selection, open tendering, public investors.

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Authors: Adnan Z. Mkhelif

Abstract:

The production of number forms in English tends to be problematic for Iraqi learners of English as a foreign language (EFL), even at the undergraduate level. To help better understand and consequently address this problem, it is important to identify its sources. This study aims at: (1) statistically analysing Iraqi EFL undergraduates' performance in the production of number forms in English; (2) classifying learners' errors in terms of their possible major causes; and (3) outlining some pedagogical recommendations relevant to the teaching of number forms in English. It is hypothesized in this study that (1) Iraqi EFL undergraduates still face problems in the production of number forms in English and (2) errors pertaining to the context of learning are more numerous than those attributable to the other possible causes. After reviewing the literature available on the topic, a written test comprising 50 items has been constructed and administered to a randomly chosen sample of 50 second-year college students from the Department of English, College of Education, Wasit University. The findings of the study showed that Iraqi EFL undergraduates still face problems in the production of number forms in English and that the possible major sources of learners’ errors can be arranged hierarchically in terms of the percentages of errors to which they can be ascribed as follows: (1) context of learning (50%), (2) intralingual transfer (37%), and (3) interlingual transfer (13%). It is hoped that the implications of the study findings will be beneficial to researchers, syllabus designers, as well as teachers of English as a foreign/second language.

Keywords: L2 morphology, L2 number forms, L2 vocabulary learning, productive knowledge.

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Authors: Husam El-Asfour, Fateh Adhnouss, Kenneth McIsaac, AbdulMutalib Wahaishi, Raafat Aburukba, Idris El-Feghia

Abstract:

Although intelligence is commonly referred to as the observable behavior in various fields and domains, it must also be shown how it develops by exhibiting multiple forms and without observing the inherent behavior. There have been several official and informal definitions of intelligence in various areas; however, no scientific agreement on a definition has been agreed upon. There must be a single definition, structure, and precise modeling for articulating how intelligence is perceived by people and machines in order to comprehend intelligence. Another key challenge is defining the different environment types based on the integral elements (agents) and their possible interactions. On the basis of conceptualization, this paper proposes a formal model for defining and developing intelligence. Forms of intelligence are derived from an ontological view, and thus intelligence is defined, described, and modeled based on the various types of environments.

Keywords: Intelligence, forms, transformation, conceptualization, ontological view.

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Authors: M. Pisol B Mat Isa, Asmak Ab Rahman, Hezlina Bt M Hashim, Abd Mutalib B Embong

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Al-Murabahah is an Islamic financing facility used in asset financing, the profit rate of the contract is determined by components which are also being used in the conventional banking. Such are cost of fund, overhead cost, risk premium cost and bank-s profit margin. At the same time, the profit rate determined by Islamic banking system also refers to Inter-Bank Offered Rate (LIBOR) in London as a benchmark. This practice has risen arguments among Muslim scholars in term of its validity of the contract; whether the contract maintains the Shariah compliance or not. This paper aims to explore the view of Shariah towards the above components practiced by Islamic Banking in determining the profit rate of al-murabahah asset financing in Malaysia. This is a comparative research which applied the views of Muslim scholars from all major mazahibs in Islamic jurisprudence and examined the practices by Islamic banks in Malaysia for the above components. The study found that the shariah accepts all the components with conditions. The cost of fund is accepted as a portion of al-mudarabah-s profit, the overhead cost is accepted as a cost of product, risk premium cost consist of business risk and mitigation risk are accepted through the concept of alta-awun and bank-s profit margin is accepted as a right of bank after venturing in risky investment.

Keywords: Islamic banking, Islamic finance, al-murabahah and asset financing

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Authors: Wojciech B. Cieśliński, Igor Perechuda

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The paper identifies the features of Polish sports clubs in the particular organizational forms: profit and nonprofit. Identification and description of these features is carried out in terms of financial efficiency of the given organizational form. Under the terms of the efficiency the research allows you to specify the advantages of particular organizational sports club form and the following limitations. Paper considers features of sports clubs in range of Polish conditions as legal regulations. The sources of the functioning efficiency of sports clubs may lie in the organizational forms in which they operate. Each of the available forms can be considered either a for-profit or nonprofit enterprise. Depending on this classification there are different capabilities of increasing organizational and financial efficiency of a given sports club. Authors start with general classification and difference between for-profit and non-profit sport clubs. Next identifies specific financial and organizational conditions of both organizational form and then show examples of mixed activity forms and their efficiency effect.

Keywords: Financial efficiency, for-profit, non-profit, sports club.

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Authors: D. Bąk-Grabowska, A. Jagoda

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Managing a capital group is a complex and specific process. It creates special conditions for the introduction of team work organization of managers. The selection of a manager employment form is a problem which gets complicated in case of management teams. The considered possibilities are an employment-based and non-employment managerial contract, which can be based on a thorough action or on formulating definite expectations regarding the results of a manager’s work. The problem of selection between individual and collegiate settlement of managers’ work has been pointed out. The deliberations were based on the assumptions of chosen company management theories, including transactional cost, agency theory, nexus of contracts theory, stewardship theory and theories referring directly to management teams, i.e. Upper echelons theory. 

Keywords: Capital group, employment forms, management teams, managers.

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Authors: Shahin Zanbaghi, Saeed Samet

Abstract:

The internet has transformed the way we shop. Previously, most of our purchases came in the form of shopping trips to a nearby store. Now, it is as easy as clicking a mouse. We have to be constantly vigilant about our personal information. In this work, our proposed approach is to encrypt the information printed on the physical packages, which include personal information in plain text using a symmetric encryption algorithm; then, we store that encrypted information into a Blockchain network rather than storing them in companies or corporations centralized databases. We present, implement and assess a blockchain-based system using Ethereum smart contracts. We present detailed algorithms that explain the details of our smart contract. We present the security, cost and performance analysis of the proposed method. Our work indicates that the proposed solution is economically attainable and provides data integrity, security, transparency and data traceability.

Keywords: Blockchain, Ethereum, smart contract, commit-reveal scheme.

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Authors: Perumal Nallagownden, Ravindra N. Mukerjee, Syafrudin Masri

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In a competitive energy market, system reliability should be maintained at all times. Power system operation being of online in nature, the energy balance requirements must be satisfied to ensure reliable operation the system. To achieve this, information regarding the expected status of the system, the scheduled transactions and the relevant inputs necessary to make either a transaction contract or a transmission contract operational, have to be made available in real time. The real time procedure proposed, facilitates this. This paper proposes a quadratic curve learning procedure, which enables a generator-s contribution to the retailer demand, power loss of transaction in a line at the retail end and its associated losses for an oncoming operating scenario to be predicted. Matlab program was used to test in on a 24-bus IEE Reliability Test System, and the results are found to be acceptable.

Keywords: Deregulation, learning coefficients, reliability, prediction, competitive energy market.

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