Subject matter Prohibition on imprisonment for inability to fulfil a contractual obligation

Imprisonment for failure to fulfil a contractual obligation (article 11 of the Covenant)

In his view, then, the obligation is contractual, albeit one ratified by the court.

(a) Existence of a contract or contractual obligation with elements of offer, acceptance and compensation in the relationship.

Complexity, by leading to moral ambiguities, forces relationships onto a contractual footing.

(b) The parties' voluntary incorporation of this Convention as a contractual term of a contract of carriage that would not otherwise be subject to this Convention.

Developing countries maintained that operational special and differential treatment should be placed on a firm contractual basis and targeted to the specific needs of developing countries.

A contract research organization (CRO) is an organization that provides support to the pharmaceutical, biotechnology, and medical device industries in the form of research services outsourced on a contract basis.

Some support was also expressed in favour of the two way mandatory approach, according to which no contractual change in the liability of the parties would be allowed.

The code of conduct would be communicated to all suppliers interested in doing business with the United Nations system of organizations and would not be mandatory or of a contractual nature.

However, the constitutions of some CIS States did not allow their nationals to serve in the armies of foreign States on a contractual basis, casting doubt on the legality of such agreements.

These should be included under a contractual agreement between the organizations, indicating the agreed level of service and the financial commitments for both parties (fees, cost recovery mechanisms or other financial arrangements).

Uniform provisions might, for example, take the form of a legislative text (such as model legislative provisions or a treaty) or a non legislative text (such as a model contractual rule or a practice guide).

The one is the event that there is a bill of lading holder who acquired the bill of lading after delivery was made by the carrier, but pursuant to a contractual arrangement other than the contract of carriage and made before delivery.

Notes that the Member States are to benefit from the special services offered by the subsidiary organs, above and beyond the tasks assigned to them in their work programmes, on a contractual basis.

5.2 The author insists that the inability to pay maintenance constitutes a failure to fulfil a contractual obligation that derives from the contract signed by the two spouses, i.e., the agreement reached at the time of their separation or divorce.

It was further suggested that this situation could thus create the risk in some jurisdictions that third parties could be unprotected and could be bound by contractual derogations from the draft instrument to which they had not agreed.

The designated operational entity selected by project participants to validate a project activity, being under a contractual arrangement with them, shall review the project design document and any supporting documentation to confirm that the following requirements have been met

However, it was also agreed that, as a matter of general policy, the reference or other link to a written contractual document containing an arbitration clause should be sufficient to establish the formal validity of the arbitration agreement (ibid.).

The three delegations had noted the reservations of the Advisory Committee, which had pointed out that the proposed solution did not ensure consistency of conditions between staff employed by the Secretariat and those employed by funds and programmes, and had raised the question of whether peacekeeping service merited its own distinct contractual package.

The DOE selected by project participants to validate a proposed small scale afforestation or reforestation project activity under the CDM, being under a contractual arrangement with them, shall review the project design document and any supporting documentation to confirm that the following requirements have been met

2.3 The author appealed, alleging, inter alia, a violation of the prohibition on imprisonment for inability to meet contractual obligations, as provided under article 11 of the Covenant, inasmuch as he had been sentenced to deprivation of liberty for allegedly failing to pay a debt.

The DOE selected by project participants to validate a proposed afforestation or reforestation project activity under the CDM, being under a contractual arrangement with them, shall review the project design document and any supporting documentation to confirm that the following requirements have been met

3.1 The author alleges a violation of the prohibition, under article 11 of the Covenant, on imprisonment for inability to meet contractual obligations, insofar as he was sentenced to deprivation of liberty for a debt he had failed to pay solely for lack of financial resources and not by deliberate intent.

6.4 With regard to the alleged violation of article 11 of the Covenant by the imposition of a custodial sentence for failure to pay maintenance, the Committee notes that the case concerns a failure to meet not a contractual obligation but a legal obligation, as provided in article 227 of the Spanish Criminal Code.

4.1 The State party argues that the communication is inadmissible because it manifestly lacks any basis in article 11 of the Covenant, the sentence having been passed on the author on the grounds not of his failure to meet a contractual obligation but of his failure to fulfil his legal obligation to keep and feed his family.

Turning to imprisonment for failure to fulfil a contractual obligation, he stressed that no one remained in prison for debt in Greece, the only exception being where a debtor had sufficient means to satisfy his creditor but preferred to place his assets elsewhere for his own benefit.

4.2 As to the alleged inconsistency of article 227 of the Criminal Code with article 11 of the Covenant, the State party notes that the former provides for imprisonment not for debt but for abandonment of one's dependent family, i.e., on grounds deriving not from a contractual agreement but from a legal requirement.