Differences in contract design between successful and less successful franchises

The aim of this paper is to identify differences in contract design between successful and less successful franchise chains. Comparing contracts from both groups of companies, we observe, on the one hand, that (1) franchise contracts are unbalanced irrespective of the chain’s success: contracts cover franchisees’ obligations more than franchisors’ obligations. On the other hand, we find that (2) contracts in successful franchise chains are more complete (i.e. cover a larger number of contingencies) than the less successful ones and (3) this difference lies in the contingencies regarding franchisees’ obligations, which are more fully covered in the contracts of more successful chains. More specifically, within the contingencies regarding franchisees’ obligations, (4) successful chains restrict the franchisee decision rights more frequently on day-to-day business operations than on financial conditions or post-contractual contingencies. These findings can be explained because successful chains are more sensitive to franchisees’ opportunistic behavior, because they have learned how to manage and solve any potential conflicts, or because of differences in bargaining power. Finally (5) franchisors’ obligations are not statistically different between groups, which we interpret as evidence that relational contracting mechanisms do not substitute formalization.     

Credit,crisis and contract enforcement: evidence from the Spanish loan market

A number of theoretical and empirical studies have shown that the development of credit markets is affected by the efficacy of enforcement institutions. A less explored question in this context is how these institutions interact with turns in the economic cycle and the impact of different types of legal procedures on credit market performance. This paper fills these gaps by analyzing how differences in the availability of credit and the evolution of non-performing loans ratios may be partially explained by regional variations in the quality of loan contract enforcement during recent periods of sustained growth (2001–2007) and recession (since 2008) in the Spanish economy. This research concludes that a rise in the clearance rate of executions (i.e., when a judge enforces the repayment of a debt) increases the ratio of total credit to GDP. However, the declaratory stage of the procedure (i.e., when a debt is firstly verified by a judge) does not seem to be statistically significant. A possible explanation to this finding is that, throughout the economic cycle, a relevant proportion of the defaults that take place are strategic (i.e., defaults by a solvent debtor). Furthermore, it is observed that, in regions where declaratory procedures are more efficient, less credit is declared as non-performing. The latter effect, however, is only observed after the onset of the “Great Recession” in 2008. This may be related to the increase of non-strategic defaults during a downturn.     

Beautiful Scenery and Affectionate People——Reflections on the visit to Republic of Korea with the Chinese Youth delegation

During June 15 -24, I had the pleasure to visit Republic of Korea with the Chinese Youthdelegation sent by All-China Youth Federation.At the invitation of the Ministry of Gender Equalityand Family Affairs of ROK, this visit was arrangedunder the "Youth Exchange Agreement between the Government of the People’s Republic of China and     

对中欧全面战略伙伴关系的新期望

伴随当前国际体系的深刻变化和全球化深入发展的大趋势,中欧关系未来发展走向一直是双方十分关切的重要课题。最近中欧之间一系列高层会晤和战略对话,不仅向外界显示了双方对中欧关系的高度重视,而且进一步明确了对中欧全面战略伙伴关系的新期待。中欧双方近期各自表达的关于中欧关系发展走向的新愿景,既有更加积极性的、相似性的层面,同时也显示了双方仍难以消除的分歧性层面。近期,中国领导人提出以新思维推动中欧关系向更高的水平发展具有重要的现实意义。     

Speaking the language of security: the Commonwealth,the Francophonie and the CPLP in conflict management in Africa

The last decade has seen an unprecedented increase in conflict management activities in Africa by international organisations. This has been accompanied by a flurry of academic publications and of policy reports that stress the comparative advantages at the legal and operational levels of regional and other intergovernmental organisations. The article assesses this dominant favourable view by examining the role of the Commonwealth, the Francophonie and the CPLP in Africa. Traditionally regarded as cultural organisations, they have gradually extended their profile to include a security mandate. Drawing from fieldwork and an extensive review of the literature, the article presents the first comparative study of the conflict management activities of these organisations in Africa.     

Multiplex short tandem repeat amplification of low template DNA samples with the addition of proofreading enzymes

Abstract:  With <100 pg of template DNA, routine short tandem repeat (STR) analysis often fails, resulting in no or partial profiles and increased stochastic effects. To overcome this, some have investigated preamplification methods that include the addition of proofreading enzymes to the PCR cocktail. This project sought to determine whether adding proofreading polymerases directly in the STR amplification mixture would improve the reaction when little template DNA is available. Platinum Taq High Fidelity and GeneAmp High Fidelity were tested in Profiler Plus? STR reactions alone and in combination with AmpliTaq^® Gold. All reactions included the additional step of a post‐PCR purification step. With both pristine low template DNA and casework samples, the addition of these polymerases resulted in comparable or no improvement in the STR amplification signal. Further, stochastic effects and artifacts were observed equally across all enzyme conditions. Based on these studies, the addition of these proofreading enzymes to a multiplex STR amplification is not recommended for low template DNA work.     

Legal Statements and Normative Language

Can there be a non-reductivist, source-based explanation of the use of normative language in statements describing the law and legal situations? This problem was formulated by Joseph Raz, who also claimed to have solved it. According to his well-known doctrine of ‘detached’ statements, normative legal statements can be informatively made by speakers who merely adopt, without necessarily sharing, the point of view of someone who accepts that legal norms are justified and ought to be followed. In this paper I defend two theses. I argue, first, that the notion of a detached statement cannot be made to work, and that Raz’s problem is thus not thereby solved. But the problem itself, I also suggest, is a false one.     

On the Principle of Presumption of Innocence from the Perspective of Human Rights Protection

People pay more and more attention to human rights protection today. The human rights protection in the system of criminal procedure distinctly emphasizes the principle of presumption