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Contract relations in the food economy. Empirical research into the milk-market supply

100%
Szabo G. G., Bardos K.
Kozgazdasagi Szemle (Economic Review)
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2007
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vol. 54
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issue 5
459-480
EN
Spot markets sometimes fail to govern the whole or part of the marketing channel effectively, and contractual relations are gaining more importance. This applies especially to agricultural markets, which have become more differentiated, while market players are vulnerable in most cases. The aims of our research are to present a theoretically structured framework for the contracting arrangements of milk producers, based on Transaction Cost Economics predictions and an empirical analysis of the key determinants of governance structure between farmers and dairy processors in Hungary. The source of the research is a theoretical argument based partly on a review of Hungarian and international literature on relevant market channels, and the economics of contracting and governance structures. These give theoretical determinants of testable prepositions. A postal survey of milk producers was carried out in the second quarter of 2005. Altogether 300 questionnaires containing closed and open questions were sent out to milk producers, and 68 responses could be evaluated. The results were structured and electronically converted for SPSS software. The data was analysed by multivariate techniques (cluster analysis, linear regression, multidimensional scaling, etc). The seven hypotheses were grouped into three sections: those related to governance structure, contract features, and bargaining power/cooperation. The findings from the empirical research were that two of the hypotheses had to be rejected and all the others accepted.
2

DETERMINACE SMLUVNÍHO VZTAHU NEZÁVISLÁ NA VŮLI STRAN

100%
Pelikánová I.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2023
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vol. 106
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issue 5
392 – 415
EN
The article is based on the assumption that the contracting parties usually do not have a precise idea of the content of the contractual relationship established by the contract. It is an attempt at outlining the elements that enter into this relationship without being a result of voluntary expressions of the contracting parties. The content of the contractual relationship is determined not only by mandatory and discretionary norms, but also by the interpretation of legal actions on one hand and the interpretation of legal norms on the other. If the parties do not understand both of them equally, it can result in the absence of consensus. The law allows for a judge to intervene under certain conditions and to determine the content of the obligation. To determine the content of the contractual relationship, it is necessary to distinguish between its state at the moment of conclusion of the contract and subsequent development. In this context the subject of this article is the importance of changes in external circumstances and the potential option for supplementation of the contract. In the conclusion, the author of the article pays attention to public law interventions into the content of the obligation. For example, in view of the limited scope of the article, the issue of the price of performance is chosen – first the question of its private law regulation in the Civil Code, then in public law statutes. It is obvious that the boundary between public law and private law regulation is not sharp. Public law obligations become part of the obligation and affect not only the relationship with the authority, but also the relationship with the other contracting party.
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