Relevant bibliographies by topics / 180105 Commercial and Contract Law

Academic literature on the topic '180105 Commercial and Contract Law'

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Published: 10 December 2022
Last updated: 29 January 2023

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Journal articles on the topic "180105 Commercial and Contract Law"

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Mitchell, Catherine. "Narrativising contract law." Legal Studies 29, no. 1 (March 2009): 19–46. http://dx.doi.org/10.1111/j.1748-121x.2008.00109.x.

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Socio-legal scholarship in contract maintains that the classical law is ineffective in regulating commercial agreements, and that the law should be more attentive to the role played by relational norms of cooperation and implicit understandings in business dealings. This paper explores the extent to which the parties' own narratives about their business relationship, as presented to a judge through testimony, can be both a source of information to judges about how business is conducted and a corrective to the classical contract law mindset, which favours the operation of individualist over cooperative norms in the resolution of commercial disputes. The paper examines a body of ‘law and narrative’ scholarship which underlines narrative's power to subvert traditional legal norms. It also considers some of the difficulties with relying on party narratives as evidence of the implicit dimensions of commercial agreements, but concludes that such narratives may have a role to play in the development of a more relationally constituted contract law and are thus worthy of closer scrutiny.
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Cauffman, Caroline. "Book Review: Commercial Contract Law: Transatlantic Perspectives." Maastricht Journal of European and Comparative Law 21, no. 1 (March 2014): 221–22. http://dx.doi.org/10.1177/1023263x1402100112.

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Benson, Bruce L. "Customary law as a social contract: International commercial law." Constitutional Political Economy 3, no. 1 (December 1992): 1–27. http://dx.doi.org/10.1007/bf02393230.

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Cimino, Chapin F. "The Relational Economics of Commercial Contract." Texas A&M Law Review 3, no. 1 (September 2015): 91–130. http://dx.doi.org/10.37419/lr.v3.i1.4.

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Modern contract law scholarship embraces a particularly strange contradiction. On one hand, most legal scholars accept the core insight of what is called relational contract theory: most commercial contracts involve repeat players who seek to maximize wealth while still maintaining cooperative relationships. On the other hand, many of these same contract scholars believe that there is nothing contract law could or should do about it. They contend that contract law and legal theory are better off ignoring this insight, rather than trying to respond to it. This Article brings these disparate lines of contract scholarship together by introducing new information that could dramatically change how legal scholars make sense of relational contract theory. It turns out that while legal scholars have largely discounted the importance of relational contract theory, another community of scholars—working in organizational theory, marketing, and strategic management—have studied, tested, and developed its insights. As a result, they have not only empirically confirmed the presence of relational behaviors in modern contracting, but they have begun to discover the sort of data that might make it possible to better account for the economic effects of relational contracting behavior in both legal theory and contract law doctrine. This literature demonstrates that it is possible to operationalize the insights of relational contract theory in an interdisciplinary way that respects both the need for a methodologically rigorous framework and the complex nature of economic behavior. In this Article, I argue that contract law scholars should set out on that same course.
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Bertino, Lorenzo. "Agency Agreement: From Innominate Contract to the Reference Model of Commercial Distribution Agreements." European Business Law Review 29, Issue 4 (July 1, 2018): 643–69. http://dx.doi.org/10.54648/eulr2018025.

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The purpose of this article is to demonstrate that some Italian rules in relation to the commercial agent also can be applied to the distributor. The few Italian judgements rendered on this matter state that rules governing the commercial agent are not applicable to the distribution contract: this innominate contract could be governed through applying by analogy the regulation of supply contract. This Italian Courts’ point of view could be revised. This analysis is based on an historical approach and on the examination of case law in the German, English and Italian legal systems. The historical analysis demonstrates that Italian legislator has regulated the commercial agent contract as a framework model for all distribution contracts. An analysis of the case law demonstrates that in some legal systems the commercial agent’s regulation can sometimes be applied to the distribution contract.
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Dutu, Adelina-Oana. "Law Governing International Commercial Arbitration." European Journal of Law and Public Administration 8, no. 1 (June 30, 2021): 01–10. http://dx.doi.org/10.18662/eljpa/8.1/143.

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The scope of this article is to identify the law governing the international commercial arbitration by reporting the international and internal regulations. We shall consider the situation of contracting parties selecting the law governing their contract and when the parties have not selected the governing law and decided for arbitration as manner of solving their disputes.
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Bilić, Antun. "Trgovac, poduzetnik i trgovački ugovori." Zbornik Pravnog fakulteta u Zagrebu 72, no. 1-2 (June 1, 2022): 641–72. http://dx.doi.org/10.3935/zpfz.72.12.19.

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The trader and the commercial contract are the basic notions of the commercial law. The trader is defined in various Croatian statutes so many times that it is questionable whether it represents a single notion. Everything is more complicated by the notion of undertaking which is defined in a similar multitude of statutes. Although the legislator is authorized to introduce as many definitions as it wants, the current state of affairs does not contribute to the transparency and legal certainty. The paper tries to establish firm criteria for a possible future systematization. Two models are singled out, based on the criterion whether a trader is considered as such in all legal transactions (an absolute model) or just for the needs of a specific transaction (a functional, transactional model). The chosen model affects the definition of the commercial contract. If the commercial contract begins with an absolute model of a trader, it is advisable that the contract falls within trader’s commercial activity. The Croatian law, however, adopted an asymmetric definition, which requires that the contract falls within the commercial activity of only one of the traders.
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Collins, Hugh. "Formalism and Efficiency: Designing European Commercial Contract Law." European Review of Private Law 8, Issue 1 (March 1, 2000): 211–35. http://dx.doi.org/10.54648/264261.

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Although legal formalism is commonly regarded as desirable for business transactions because it produces certainty of entitlements, this essay argues that the form of calculability required by businesses in fact consists of the protection of expectations. These expectations are themselves grounded in three competing normative contexts: the business relation, the business deal, and the contract. Legal formalism tends to award priority to the contractual normative framework, and can, therefore, defeat business expectations. The merchants' rejection of legal formalism as an unsatisfactory regulatory tool for business transactions is discovered in the operation of the market for the adjudication of commercial disputes. The possibility that common law reasoning is superior to civil law reasoning in managing to avoid the closure of legal formalism is suggested, though it is acknowledged that the virus of legal formalism has penetrated deeply into the operations of common law reasoning as well. The key feature of new private law regulation of commercial contracts at European level must be the production of the capacity to protect business expectation (or calculability) by creating a legal discourse that can simultaneously evaluate the competing normative frameworks of the business relation, the deal, and the contract. This capacity requires the contextualisation of contractual disputes, an ability to differentiate between contexts in the light of custom and usage and the economic interests of the parties, and the power to reformulate regulation in the light of revisions of normative standards in the market. This capacity may also require a post-national legal structure that respects pluralism in regulation of different industrial sectors.
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Rinkes, Jac. "Optional Commercial Contract Law: Global Experiences – European Perspectives." European Journal of Commercial Contract Law 1, no. 4 (October 1, 2009): 184–93. http://dx.doi.org/10.7590/ejccl_2009_04_02.

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Trimarchi, Pietro. "Commercial impracticability in contract law: An economic analysis." International Review of Law and Economics 11, no. 1 (May 1991): 63–82. http://dx.doi.org/10.1016/0144-8188(91)90026-a.

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Dissertations / Theses on the topic "180105 Commercial and Contract Law"

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Ibrahim, Uzaimah. "Commodity futures contract; An analysis in Islamic commercial law." Thesis, University of Wales Trinity Saint David, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.503606.

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Le, Roux Rochelle. "The regulation of work : whither the contract of employment? : an analysis of the suitability of the contract of employment to regulate the different forms of labour market participation by individual workers." Doctoral thesis, University of Cape Town, 2008. http://hdl.handle.net/11427/4651.

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The focal research question of this thesis is the relevance of the contract of employment in modern employment. In answering this question three broad areas associated with the contract are explored: (1) the evolution of the contract of employment in South Africa and the dichotomy between the contract of employment and the independent contract; (2) the forms of engagement of workers in the South African labour market; and (3) alternative regulatory models with specific reference to models that are consistent with the South African Constitution. Using a comparative approach it is shown that the contract of employment in South Africa is in a relative state of unification. However, some assumptions about its historical evolution and the influence of Roman and Roman-Dutch law are overstated, and more recent developments, such as tax legislation, arguably had a greater influence on the dichotomising of labour law. The study of the South African world of work illustrates that modern work is performed in diverse ways. After illustrating that labour law has both countervailing and social developmental roles, it is concluded that the contract of employment as traditionally understood is no longer capable of performing these roles. It is further claimed that a process of diversification (as opposed to the unification of the contract of employment) will help to redefine the contract of employment and this may extend the coverage of labour legislation to those who, bearing in mind the purpose of labour law, ought to be protected by labour laws. Finally, it is argued that the South African Constitution provides a ready paradigm within which to achieve such a process of diversification which would ultimately lead to an extension of the coverage of labour laws.
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Tomkin, D. N. N. "An examination of selected instances of judicial approaches to unfair contracts." Thesis, University of Essex, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.376745.

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Mboya, Meshack Kathama. "Implementing the UN Global Compact: role of the law of contract in promoting sustainability in international supply chains." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/28029.

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This paper analyses the need for multinationals to adopt and fully implement the UN Global Compact principles in their operations by influencing sustainability down their international supply chains. This analysis is premised on the various theories supporting the adoption of sustainable business practices by businesses in terms of labour, human rights, environmental responsibility and anti-corruption. The objective of the analysis is to propose the applicable law of contract tools that the multinationals can use to implement their sustainability commitments down international supply chains. Since the supply chain partners of these multinationals are distinct entities operating independently and only dealing with the multinationals through contracts, the paper proposes that sustainability can be influenced through the use of such contracts. In this, the paper appraises conditions precedent and express contractual terms as the law of contract tools that can best be utilized by multinationals in influencing supply chain sustainability. The paper shows that these tools can be utilized to guarantee that supply chain partners operate sustainably and in a manner that implements the sustainability commitments of the focal firm - the multinational. Against the background of the already existing systems, this study illustrates that the proposed tools can be used to strengthen the existing systems and especially the use of supplier codes of conduct. It also demonstrates that the effective use of these tools guarantees the adoption of sustainable practices and systems that eventually make the entire supply chain sustainable. The paper concludes that the use of these tools will guarantee the implementation of sustainability commitments, as based on the UN Global Compact, in international supply chains.
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Mohd, Napiah Mohammad Deen. "The theory of the contract of agency (Al Wakalah) in Islamic law." Thesis, Glasgow Caledonian University, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.295029.

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Qutieshat, Enas M. "Traditional contract law in the electronic environment : evolution or revolution?" Thesis, University of Aberdeen, 2010. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=158831.

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This thesis will examine issues related to the formation and validity of electronic contracts on a comparative basis between the English, American and UNCITRAL approaches.  When examining the English approach, reference will be made to relevant EC Directives in relation to the subject matter. This thesis has four main objectives.  First, to assess the impact of using electronic communication tools to reach agreement.  Second, to identify some key points that should be considered when examining the formal validity of electronic contracts. Third, to establish a foundation for having a valid contract in which rights and obligations could arise accordingly.  Finally, this thesis aims to identify whether the traditional contract law rules are able to meet the challenges that are brought by the use of electronic communication tools, or whether they require reform. It will be noticed throughout that electronic contracts come in different types.  This leads to difficulty with introducing one rule to cover all types of electronic contracts. Furthermore, some concerns arise when electronic communication tools are used to form contracts as to the exact time of contracting. Other concerns arise when trying to fulfil some legal formalities such as writing and signature.  This is because of the special and dual nature of electronic data and the possibility of using different types of signature methods in cyberspace. Finally, it is important to consider taking steps to update some of the current contract law rules to work alongside the electronic technology revolution.  Some aspects of the traditional contract law rules become challenging when applied to electronic contracts.  For example, the issues of contract formation and the use of electronic and intelligent software require direct attention when considering the issue of e-contracts.  The reference to such challenging well-established contract law rules is necessary throughout this thesis, however, since the current rules which deal with electronic commerce in general and electronic contracts in particular do not cover all the issues that are related to electronic contracts.  Lastly, this thesis will sound the alarm on the need to raise the legal awareness of both online users and website developers when contracting online. Chapter Two will assess the use of electronic communication tools to form such contracts, and the sorts of problems that could arise as a consequence. Chapter Three will highlight whether or not electronic contracts can be considered written and signed when the law imposes such requirement.  This chapter will also seek to determine whether there is a need for such formalities in cyberspace. Chapter Four is designed to deal with selected issues of material validity of electronic contracts.  This chapter is essential when considering all types of electronic contracts, including formal ones.  It will consider issues that are related to mutual assent in cyberspace, and the problems that could arise with web-based contracts in relation to these.
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Naji, Alaa A. "Islamic Fiqh and the contract of international carriage of passengers by air." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33056.

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GOD says in the Holy Qur'aan "O' people, I have created you from a single pair of a male and a female, and made you into nations and tribes that ye may know each other. Verily the most honored of you in the sight of GOD is the most righteous of you..." (Holy Qur'aan, 49:13).
This thesis is laid down in accordance with GOD's order to connect civilizations with each other and to benefit from each other's experience and knowledge toward a much better future for humanity.
The thesis tries to reflect upon the opinions of Islamic Fiqh with regard to the contract of international carriage of passengers by air and e-ticketing in a manner that is understandable to both Fiqh oriented and Western Law oriented readers. Therefore, it has been designed to include three major Parts where the first introduces the Western Law oriented reader to Islamic Fiqh. The Second Part introduces the Fiqh Oriented reader to the world of tickets and travel documents. Finally, the third chapter concentrates on the issue of electronic ticketing. (Abstract shortened by UMI.)
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Layton-McCann, Keryn. "The role of good faith and fairness in contract law: where do we stand in South Africa, and what can be learnt from other jurisdictions?" Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/27461.

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Good faith is recognised as an underlying principle in South African contract law, and the contract law of many countries. There has been noticeable reluctance in some common law jurisdictions against the elevation of the role of good faith in contract law. This paper seeks to explore the tension between the Supreme Court of Appeal and the Constitutional Court in the application of good faith and by implication, fairness to South African contractual disputes. It illustrates that the Constitutional Court seeks to elevate the role of good faith while the SCA is not in favour of such an approach. As the two benches are not in step with their approach, this has led to legal uncertainty in this area of South African contract law. In South African consumer contracts, the concept of fairness is explored, and the remedies at the disposal of consumers to escape the operation of unfair contract terms in different sectors. As South Africa has only provided legislative protection for consumers in the past twenty years, this area of law is comparatively speaking 'new' when compared with other countries. There are therefore lessons to be learnt from other countries in this regard as they have the advantage of time and thereby experience gained over South Africa. For comparative purposes two common law jurisdictions were also explored, namely Australia and the United Kingdom. Both countries are facing similar challenges as South Africa to elevate and expand the role of good faith in the contractual space. Recent notable court decisions in Australia and England in the commercial contract space are explored to demonstrate these challenges. This paper also considers their consumer protection legislation in order to identify if there were lessons to be learnt from their protections that should be considered for South African legislation. Due to the EU membership by the UK, the increased recognition of good faith in civil law jurisdictions has made its way into UK legislation. Good faith as a concept has also found its way into Australian consumer legislation. It may only be a matter of time before the three countries explored in this paper elevate and expand the role of good faith and fairness beyond consumer contracts. The Constitutional mandate to develop the South African common law, the UK's (current) need to comply with civil law principles due to EU membership and generally, the conventional practice by common law legislatures, academics and courts of looking to England for legal developments, are factors which will contribute to the development.
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Cairncross-, Chinnapyel Nancy. "Can the parties to an international sale contract on CIF Incoterms varied in the oil and gas industry achieve the objective of linking the passing of ownership in the petroleum products that are sold from England to South Africa to the passing of risk in those petroleum products by indicating such intention in their contract of sale?" Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15184.

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This dissertation aims to focus on whether the parties to an international sale contract on CIF Incoterms varied in the oil and gas industry, specifically the petroleum sector, achieve the objective of linking the passing of ownership in the petroleum products1 sold from England to South Africa, to the passing of risk in those petroleum products by indicating such intention in their contract of sale?
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Alkhadhari, Abdulwahab. "Remedies for the breach of a commercial contract for the sale of goods : a comparative analysis between the English Sale of Goods Act 1979 and the Contract of Sale of Goods in Saudi Law." Thesis, University of Stirling, 2018. http://hdl.handle.net/1893/28672.

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This thesis focuses on remedies for a breach of the Contract of Sale of Goods under English and Saudi law, wherever the Contract is in the course of business. The primary aim of the thesis is to describe and analyse those remedies and how each of the above legal regimes has dealt with breaches. For this purpose, the remedies must be analysed to identify differences and similarities between the two regimes, while at the same time highlighting the weaknesses and strengths of each. In addition, the reasons why the two legal systems have adopted their respective approaches in favouring specific remedies will be considered, in order to determine whether there are any differences in the underlying legal principles affecting the de facto results for the Buyer and Seller. In so doing, the aim is to provide a detailed and ingenious analysis, which may be of assistance in understanding each regime.
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Books on the topic "180105 Commercial and Contract Law"

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DiMatteo, Larry A., Qi Zhou, Severine Saintier, and Keith Rowley, eds. Commercial Contract Law. Cambridge: Cambridge University Press, 2013. http://dx.doi.org/10.1017/cbo9781139235662.

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Lewis, A. Contract & European commercial law. Eastham: Tudor, 1992.

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Kershaw, K. M. Contract, commercial and employment law. Guildford: College of Law, 1991.

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Kershaw, K. M. Contract, commercial and employment law. [Guilford]: College of Law, 1985.

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Shalev, Gabriela. The law of contract. Jerusalem: [s.n.], 1990.

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Zealand, New. Brookers contract and commercial law handbook. Wellington, N.Z: Thomson/Brookers, 2007.

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Zealand, New. Brookers contract and commercial law handbook. Wellington, N.Z: Thomson/Brookers, 2010.

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Cheshire, G. C. Cheshire & Fifoot's law of contract. 8th ed. Chatswood, N.S.W: LexisNexis Butterworths, 2002.

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Scottish cases on contract. 2nd ed. Edinburgh: W. Green/Sweet & Maxwell, 1993.

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Cheshire, G. C. Cheshire and Fifoot's law of contract. 5th ed. Sydney: Butterworths, 1988.

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Book chapters on the topic "180105 Commercial and Contract Law"

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Andrews, Neil. "The Landscape of International Commercial Arbitration." In Arbitration and Contract Law, 3–16. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-27144-6_1.

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Clarke, MA, RJA Hooley, RJC Munday, LS Sealy, AM Tettenborn, and PG Turner. "12. Performance of the contract." In Commercial Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780199692088.003.0012.

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This chapter considers the duties of the seller under the Sale of Goods Act 1979 to give a good title to the goods he sells. The seller has a duty to deliver the goods in accordance with the terms of the contract of sale. Unless otherwise agreed, the seller must be ready and willing to give possession of the goods to the buyer in exchange for a certain amount. The chapter first explains the meaning of the term ‘delivery’ before discussing the duties of the seller to deliver the goods and to give a good title. It also examines the provisions of the Sale of Goods Act relevant to the sale of a limited title and the implied warranties as to freedom from encumbrances and quiet possession. Finally, it describes the statutory duties of the buyer to take delivery, to accept the goods, and to pay the price.
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Evtimov, Erik, and Tetyana Payosova. "Article 6 Contract of carriage." In Commercial Law, 1090. Nomos Verlagsgesellschaft mbH & Co. KG, 2018. http://dx.doi.org/10.5771/9783845276564-1090.

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Evtimov, Erik, and Tatyana Payosova. "Article 6 Contract of carriage." In Commercial Law, 1134–38. Nomos Verlagsgesellschaft mbH & Co. KG, 2018. http://dx.doi.org/10.5771/9783845276564-1134-1.

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Müller-Rostin, Wolf. "Article 27 Freedom to Contract." In Commercial Law, 1224. Nomos Verlagsgesellschaft mbH & Co. KG, 2018. http://dx.doi.org/10.5771/9783845276564-1224-1.

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Brödermann, Eckart J. "Article 1.1 (Freedom of contract)." In Commercial Law, 484. Nomos Verlagsgesellschaft mbH & Co. KG, 2018. http://dx.doi.org/10.5771/9783845276564-484.

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"Unfair contract terms." In Australian Commercial Law, 391–404. 2nd ed. Cambridge University Press, 2020. http://dx.doi.org/10.1017/9781108629003.018.

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Mitchell, Catherine. "Interpreting Commercial Contracts." In Comparative Contract Law, 231–47. Oxford University Press, 2015. http://dx.doi.org/10.1093/acprof:oso/9780198728733.003.0027.

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"Contract classification." In Briefcase on Commercial Law, 87–94. Routledge-Cavendish, 2013. http://dx.doi.org/10.4324/9781843141945-9.

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Brödermann, Eckart J. "Article 1.3 (Binding character of contract)." In Commercial Law, 486. Nomos Verlagsgesellschaft mbH & Co. KG, 2018. http://dx.doi.org/10.5771/9783845276564-486.

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Conference papers on the topic "180105 Commercial and Contract Law"

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"ELEMENTS OF SELF-REGULATION OF INTERNATIONAL COMMERCIAL CONTRACT." In Global Business and Law Development Imperatives. Київський національний торговельно-економічний університет, 2019. http://dx.doi.org/10.31617/k.knute.2019-10-10.60.

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Siyu, Wei. "Research on the Contract Law of Commercial Prepaid Card." In 2015 International Conference on Social Science and Technology Education. Paris, France: Atlantis Press, 2015. http://dx.doi.org/10.2991/icsste-15.2015.190.

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Grozdanov, Anton. "THE MARINE INSURANCE CONTRACT AND ITS MEANING FOR COMMERCIAL SHIPPING." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.52.

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The report examines the legal nature of the Marine Insurance Contract as one of the legal institutions forming the shape of the Maritime Commercial Law. The essential importance of a merchant shipping contract is illustrated by an example from the English Case Law, which is leading worldwide.
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Фархутдинов, Р. Д. "Tax reconstruction is a new increment of tax legal relations." In XXIII Международная научная конференция «Цивилизация знаний: российские реалии» «Цивилизационные задачи современного правоведения: наука, образование, практика» (стратегическая панель). Crossref, 2022. http://dx.doi.org/10.18137/cz22.2022.83.34.001.

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Актуальность вопроса применения в налоговых правоотношениях понятий и дефиницией, отсутствующих в праве, предопределяет необходимость исследования такого научного феномена. Важным и практически необходимым полагаем определить регуляторы, позволяющие защитить частные интересы сторон в договоре, выявив пределы воздействия публичного права в коммерческом договоре. The relevance of the issue of the application of concepts and definitions that are absent in the law in tax legal relations determines the need to study such a scientific phenomenon. We consider it important and practically necessary to determine the regulators that allow protecting the private interests of the parties in the contract, and the limits of the impact of the law in the commercial contract.
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Deynekli, Adnan. "Field of Application of United Nations Convention on Contracts for the International Sale of Goods." In International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01265.

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United Nations Convention on Contracts for the International Sale of Goods (CISG) entered into force on the 1st August 2011 in Turkey. CISG is accepted with the purpose of development and encouragement of international trade and application of uniform rules for resolution of disputes arising from the contracts for the international sale of goods. CISG applies to contracts of sale of goods between parties whose places of business are in different states when the states are contracting states; or when the rules of private international law lead to the application of the law of a contracting state. Neither the nationality of the parties nor the civil or commercial character of the parties or of the contract is to be taken into consideration in determining the application of CISG. In order to apply CISG, there has to be a contract about international sale of goods and the parties shall be from different contracting states or the rules of private international law shall lead to the application of the law of a contracting state. The parties may totally or partially exclude the application of this CISG. CISG does not apply in terms of third party rights and the validity of the contract or of any of its provisions or of any usage.
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Topaloğlu, Mustafa. "Evaluation of New Provisions Regarding Sales and Commercial Sales Amended by New Turkish Code of Obligations the Context of Vienna Convention." In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.00982.

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Intendment of the paper herein, to evaluate of new provisions regarding sales and commercial sales amended by new Turkish Code of Obligations numbered 6098 in the context of Vienna Convention on Contracts for the International Sale of Goods which is effective since 01 January 1988. It has a significance to be able to understand why the provisions of the convention have not been completely quoted to Turkish Code of Obligations. Turkish Code of Obligations' numbered 6098, Vienna Convention on Contracts for the International Sale of Goods and Provisions of Vienna Convention on Contract for the International Sale of Goods (CISG/United Nations Convention), Comparing of civil law, common law, and combinations of these (especially Sales contracts in civil law and sales contracts in common law).During the legislation process of Turkish Code of Obligations' provisions regarding sales, both Vienna Convention on Contracts for the International Sale of Goods (CISG/United Nations Convention) and Swiss law has been constituted a source. The Vienna Convention is effective since 01 January 1988 and Turkey has participated to (CISG) on 01 August 2011 and it has been a part of domestic law. The aim of (CISG) is to eliminate the differences among the countries' laws regarding sales; i.e. it constitutes a linking rule and the rules of sales. Since the Convention has been legislated with the effect of various law families and systems, provisions of the convention have not been completely adopted to code of obligations.
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7

Miladinović, Zoran. "OBAVEZE UGOVARAČA OSIGURANjA, ODNOSNO OSIGURANIKA IZ UGOVORA O OSIGURANjU." In XV Majsko savetovanje: Sloboda pružanja usluga i pravna sigurnost. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xvmajsko.301m.

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An insurance contract is one of rare contracts in which the contracting parties have certain obligations even before they sign an insurance contract. Both the insurer and the insured have certain responsibilities before signing the contract, during the term of the contract and when the insured accident occurs. As for the responsibilities of the client, that is, the insured, besides the obligation to pay the insurance premium, his key responsibility is to inform the insurer on all the risks related to the insurance policy. The insurer will decide whether he will sign an insurance policy on the basis of the risk involved. The responsibility of the insurer to disclose all relevant information prior to signing the insurance contract is based on law, customs and court practice. Although this requirement is imposed on all the clients, there are certain differences depending on the types of insurance, particularly in the area of sanctions foreseen for not complying with it. Also, throughout the life of the policy, the insurer is required to act in line with good commercial practices treating the insured object with due attention and not being careless because of the fact the object is covered by the insurance policy. Client’s failure to comply with these legal requirements and the provisions of insurance contract may result in terminating certain obligations of the insurer agreed in the contract.
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8

Maydanyk, Roman, Nataliia Maydanyk, and Popova. "Reconsidering the concept of a thing in terms of the digital environment: Law towards an understanding of a digital thing." In 8th International e-Conference on Studies in Humanities and Social Sciences. Center for Open Access in Science, Belgrade, 2022. http://dx.doi.org/10.32591/coas.e-conf.08.04047m.

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This article deals with the issues of reconsidering the concept of thing in terms of the digital environment and the formation of understanding of the digital thing. In terms of digitalization, the legal systems of civil and common law are characterized by the further development of digital objects of law towards of reflecting the material world combined with the features of the digital legal environment. The need for unambiguous regulation of relations regarding the use of new technologies necessitates the implementation in law of a new legal tools that can revolutionise commercе and non-commercial activity, which include, first of all, specifically digital things. Digital things are fundamental component of the digital legal environment, which are being recognized as existing in digital form objects of civil rights. The accommodation of digital legal objects requires a reconsidering of the concept of property and things towards the introduction of a broad understanding of thing, a kind or digital analogue of which are digital things as part of the person’s property, which are appropriated (acquisition and termination) and participated in a civil turnover under the general rules of material things, taking into account the features of the digital environment provided by law, contract or the essence of the digital thing. This necessitates the formation of conceptual legal provisions on property and a broad understanding of things, concepts and types of digital things. The authors of this research propose to reconsider the understanding of property (1) and thing (2) towards of their broad understanding in terms of digitalization, to define the concepts and legal nature (3) and types of digital things (4), to use the functional methodological approach of the digital thing (5) and the resulting features of the virtual asset as a digital thing (6).
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9

Ağaoğlu, Cahit. "Problems of Turkish and Foreign Construction Companies on the Fidic Arbitration Rules." In International Conference on Eurasian Economies. Eurasian Economists Association, 2017. http://dx.doi.org/10.36880/c08.01954.

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FIDIC rules are generally accepted as standard contract for construction projects in international commercial practice. Disputes arising from standard agreements are often referred to as international arbitration rules. However, at the beginning of the difficulties encountered in the arbitration proceedings under the FIDIC Rules at the international arbitration institutions, the question is whether the engineer is impartial. On the other hand, the fact that the Dispute Adjudication Board (DAB) has been used effectively is also an important issue. It has been revealed through the case-law that the adoption of the FIDIC Rules by the domestic laws of the parties has not yet reached the desired stage. Aside from the fact that arbitral awards are confronted with public authority during the enforcement phase, there are also difficulties of parallel proceedings that national courts have resorted to legal proceedings although there is an agreement involving arbitration clauses. The protection of the investor, the equitable treatment of the investor and the protection against expropriation are all on the agenda and a direct link can be established between FIDIC and Bilateral Investment Treaties.
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10

Deynekli, Adnan. "Payment against Documents in International Trade." In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.01164.

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As compared to internal trade, international trade involves several risks, which can be specified as commercial, physical, political and legal risks. Cash against documents (documentary collection) is a type of payment method applied to reduce the legal risks in a transaction. This payment method is a reassuring way for the Importer, since he is not under any obligation to make a payment before examining the document and confirming its conformance to the terms of order. Cash against documents is more reliable than cash against goods (open account) on the one hand, but less reliable than letters of credit on the other hand. Cash against document is one of the most commonly used payment methods in international trade as it offers a cost-effective and simple system and processes faster than cash against goods. Rules regarding cash against documents are governed by International Commerce Chamber Brochure no. 522 (Uniform Rules for Collection-URC), which is a set of guiding principles with a non-statutory character. There is no specific regulation exists on cash against documents in Turkish Law. In order to apply the rules on cash against documents in a transaction, “documentary collection/cash against documents clause” should be incorporated into the text of contract. Parties to a documentary collection are the Principal (seller/exporter/drawer), the Remitting Bank, the Collecting Bank and the Drawee (buyer/importer).
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