Journal articles: 'Business contract law'

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Sullivan, Jr., Frank. "Banking, Business, and Contract Law." Indiana Law Review 52, no. 4 (February 19, 2021): 635–87. http://dx.doi.org/10.18060/25093.

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Sullivan, Jr., Frank. "Banking, Business, and Contract Law." Indiana Law Review 53, no. 4 (February 19, 2021): 821–63. http://dx.doi.org/10.18060/25145.

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Sullivan, Jr., Frank. "Banking, Business, and Contract Law." Indiana Law Review 48, no. 4 (July 31, 2015): 1195. http://dx.doi.org/10.18060/4806.0039.

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Sullivan, Jr., Frank. "Banking, Business, and Contract Law." Indiana Law Review 49, no. 4 (July 25, 2016): 981. http://dx.doi.org/10.18060/4806.01117.

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Sullivan, Jr., Frank. "Banking, Business, and Contract Law." Indiana Law Review 50, no. 4 (July 1, 2017): 1179. http://dx.doi.org/10.18060/4806.1166.

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Sullivan, Jr., Frank. "Banking, Business, and Contract Law." Indiana Law Review 51, no. 4 (December 17, 2018): 945–91. http://dx.doi.org/10.18060/4806.1209.

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Sullivan, Jr., Frank. "Banking, Business, and Contract Law." Indiana Law Review 54, no. 4 (February 8, 2022): 783–825. http://dx.doi.org/10.18060/26096.

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Sullivan, Jr., Frank. "Banking, Business, and Contract Law." Indiana Law Review 55, no. 3 (February 6, 2023): 461–500. http://dx.doi.org/10.18060/27113.

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Sullivan, Jr., Frank. "Business, Banking, and Contract Law." Indiana Law Review 56, no. 4 (June 14, 2023): 669–711. http://dx.doi.org/10.18060/27445.

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Sullivan, Jr., Frank. "Banking, Business, and Contract Law." Indiana Law Review 57, no. 4 (June 10, 2024): 811–69. http://dx.doi.org/10.18060/28366.

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Rytelewska, Aleksandra. "Contracts in business transactions according to Polish law." Pravovedenie 65, no. 2 (2021): 166–82. http://dx.doi.org/10.21638/spbu25.2021.203.

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The article aims to familiarize the Russian reader with the issue of contracts concluded by professional entities (entrepreneurs) under the Polish legal system. Undoubtedly, the majority of all contracts concluded by private law bodies are trade contracts. It should be noted that the concept of trade contracts covers contracts in which both parties are professionals as well as those in which only one of the parties acts as an entrepreneur conducting their business. The article discusses 8 contracts as follows: contract of agency, contract of consignment, contract of carriage, contract of forwarding, bailment, contract of storage, delivery contract and leasing contract. They are a compilation of typical contracts traditionally concluded in business transactions. Their choice was determined both by the scale of their use in practice and their importance for commercial activity. At the same time, as highlighted in the paper, due to the freedom of contract principle under the Polish law of obligations, these contracts may be (and often are) used as model solutions that entrepreneurs will rely on when entering into legal relations that are not explicitly indicated in the Polish legal system (so-called unnominated contracts). In conclusion, attention is drawn to the challenges the Polish legislator faces today in the field of contract law due to contemporary economic changes. Furthermore, the threats posed by both excessively strict legislation and a lack of proper regulation are identified along with a recommended solution aimed at reconciling these diverging positions. According to this suggestion, in order to grant a normative form to unnominated contracts, commonly concluded in business transactions, concrete measures should be taken only in the form of guidelines, non-binding proposals that can be used by entrepreneurs to guarantee a minimum level of protection for parties to such contracts.

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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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Sopamena, Ronald Fadly. "Choice of Law in International Business Contracts." Balobe Law Journal 2, no. 2 (October 25, 2022): 45. http://dx.doi.org/10.47268/balobe.v2i2.1062.

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Introduction: Differences in the national legal system and the contract law provisions of each country open up opportunities for conflict and dispute to occur. In addition, differences in national laws that serve as normative references for actors in international trade transactions can also cause doubt and uncertainty for foreign parties. Thus the choice of law can be referred to as the freedom of the parties in a contract to choose which law will be used and applies to the parties in an international agreement considering that the national contract law of each country is very diverse.Purposes of the Research: This writing aims to analyze the choice of law in international business contracts.Methods of the Research: This study uses a normative juridical method. Normative legal research is library research, namely research on secondary data. Secondary data has a scope that includes personal letters, books, to official documents issued by the government.Results of the Research: The legal principles regulated in international business transactions refer to the legal principles of international treaties/contracts agreed upon by the parties, and international trade conventions. The parties involved in international business contracts have the freedom to determine with whom and what the subject matter of the agreement they wish to enter into the contract as long as it does not violate the laws and regulations. Then by entering a choice of law, the parties can easily determine the contents of the business contract because each party can already get clarity about the law that will be used and the interpretation of the contents of the contract so that the implementation of the contract will run more optimally.

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Sood, Muhammad. "Mechanism of Business Contract Drafting in Supporting Economic Activities." Unram Law Review 4, no. 2 (October 27, 2020): 193–204. http://dx.doi.org/10.29303/ulrev.v4i2.124.

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The development of business contracts in supporting economic activities, especially in the trade sector, is inseparable from developments in the field of law. Thus, economic actors should understand the contract design method. This article aims to analyze the regulations of business contracts both nationally and internationally, and analize the mechanism of business contract draftingin supporting economic activity. This article is sourced from the results of normative legal research; therefore the method of approach used is the legal approach and conceptual approach. The results of the study indicates that the legal sources which form the basis for regulating business contracts include national law as regulated in Article 1457-1540 of the Civil Code; contract documents; international agreements in the field of contract; court decisions regarding business contracts; and doctrines in the field of contract law. The business contract mechanism includes 3 stages, namely: 1) Pre contractual includes: negotiations on the delivery, delivery and payment of goods; risk of loss if there is a default and procedure for resolving contractual problems; make a Memorandum of Understanding as an initial guideline for the understanding of the parties; Feasibility study concerning the prospects of business contracts made by the parties; 2) Contractual or contractual arrangements include, writing the initial manuscript, revising the manuscript, exchanging draft contracts, revising and writing the final manuscript, and signing of the contract. 3) Contract contractual or contract completion where the parties are responsible for providing guarantees or guarantees that the agreed contract is executed and completed properly. Understanding the mechanism of contract design will facilitate business activities carried out by the parties.

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Santoso, Budi. "Business Relationships between Corporations and Distributors: A Study of Petroleum Business Law in Indonesia." International Journal of Criminology and Sociology 10 (April 30, 2021): 709–15. http://dx.doi.org/10.6000/1929-4409.2021.10.84.

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The paper aims to analyze the business relationship in LPG (Liquefied Petroleum Gas) distribution and marketing in Indonesia as it has an important and strategic role for most Indonesian people. By using a juridical and empirical approach, the results showed that Pertamina is a state-owned company that assigns LPG duties to the end-user. To reaches the end-user needed by another intermediary, namely an agent. The legal relationship between Pertamina and the agent is stipulated in the agency contract. Form the theory side, it is necessary to research whether the agency contract is based on the basic principles of agency law or not. The incompatibility of an agency contract with the basic principles of agency law caused the contract not to have legal force. The contribution of this research is its examination of the legal validity of the agency contract of Pertamina with the agent and to provide a legal opinion from the agency theory side which should be the basis for making agency contracts.

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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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Negra, Federico Della. "Between Contract Law and Financial Regulation: Towards the Europeanisation of General Contract Law." European Business Law Review 28, Issue 4 (August 1, 2017): 499–521. http://dx.doi.org/10.54648/eulr2017025.

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This paper explores the interactions between the general law of contract and the EU derived financial regulatory duties. Starting from the analysis of the legal nature of the EU-derived conduct of business rules duties and the role played by contract law in the governance of financial markets, the paper shows that, after the global financial crisis, national courts have used the remedies based on general contract law as tools to enforce the EU-derived conduct of business rules and to ensure a high level of client protection. This paper argues that this case law provides evidence of a gradual process of Europeanisation and modernisation of the general law of contract, i.e. of transformation of traditional autonomy-driven categories of general contract law into regulatory tools to govern financial transactions and increase the protection of investors.

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Asia, Siti Nur, Muthoifin Muthoifin, Muhamad Subhi Apriantoro, Amrin Amrin, Sya'roni Sya'roni, and Rozi Irfan Rosyadi. "Analysis of Islamic Economic Law on Fishing Pool Business in Indonesia." Demak Universal Journal of Islam and Sharia 1, no. 01 (February 1, 2023): 01–09. http://dx.doi.org/10.61455/deujis.v1i01.7.

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The fishing pool business opportunity is very wide open to get big and fast profits. This study aims to reveal analytically related to Islamic law contracts in the fishing business. The research methodology uses a qualitative descriptive analysis method with a historical juridical approach. The sequence of the research process starts with collecting data on several fishing businesses. The fishing business that has been collected is then recorded and economic activities are carried out in the fishing business. Furthermore, the results of existing economic activity data are analyzed by Islamic economic law. The results of the study concluded that, there are economic activities in the fishing business that is by Islamic economic law contracts such as buying and selling and leasing (al-ijarah). In the fishing business, all buying and selling contracts are carried out by the pillars of Islamic Shari'ah related to buying and selling as long as it does not resemble gambling where ma'kud 'alaih comes from other people. Likewise, with the al-ijarah contract in the fishing business, the al-ijarah system in the fishing business has fulfilled the pillars of Islamic sharia related to al-ijarah, namely some people have a contract (subject), consent qobul, and ujrah. The activities of al-ijarah in the fishing business also have ma'jur which is ijarah In the al-ijarah fishing effort, everything is carried out by the pillars of Shari'ah law as long as it does not resemble gambling where the ma'jur comes from other people. ma'kud 'alaih comes from other people. Likewise, with the al-ijarah contract in the fishing business, the al-ijarah system in the fishing business has fulfilled the pillars of Islamic sharia related to al-ijarah, namely some people have a contract (subject), consent qobul, and ujrah. The activities of al-ijarah in the fishing business also have ma'jur which is ijarah In the al-ijarah fishing effort, everything is carried out by the pillars of Shari'ah law as long as it does not resemble gambling where the ma'jur comes from other people.

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Sentosa, Muhammad Amin, Siti Malikhatun Badriyah, and Yunarto. "Good Faith Principles in International Business Contract Law." International Journal of Law and Politics Studies 5, no. 2 (April 15, 2023): 27–33. http://dx.doi.org/10.32996/ijlps.2023.5.2.3.

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This study aims to analyze the principles of good faith in international business contract law. The results showed that the principle of good faith is an honest transaction which has 3 main elements, namely: First, good faith and honest transactions as the basic principles underlying the contract; Second, the principles of good faith and honest transactions in the UPICCS (UNIDROIT Principles of International Commercial Contracts) emphasize the practice of international trade; Third, the principles of good faith and honest transactions are compelling. The objective is to encourage the application of the principles of good faith and fair dealing in all international commercial transactions. The manifestation of efforts to promote legal harmonization can be seen when contracts or national laws do not find the necessary rules, or there is a legal vacuum (gaps), so the principles of UNIDROIT (The International Institute for the Unification of Private Law) can be used as a reference.

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Nurhadi, Nurhadi. "Contradictive Istinbath Akad Murabahah Law Bil of Sharia Financing Time." Li Falah: Jurnal Studi Ekonomi dan Bisnis Islam 4, no. 2 (January 6, 2020): 175. http://dx.doi.org/10.31332/lifalah.v4i2.1518.

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A contract is a written agreement between a Sharia Bank or a Sharia Business Unit and another party that contains the obligation for parties in accordance with sharia principles, this is a definition according to the Sharia Banking Law. A contract is a legal relationship between parties that creates rights and obligations that are exchanged by the parties. An agreement is an event someone promises to another person or somewhere two people promise to do something or plan. All three are equated in the concept of business law engagement. The difference between the agreement and the contract according to the science of jurisprudence, the agreement is different from the agreement according to business law, but the difference is only in the term of use. By law and sharia, the murabahah and wakalah contracts are legalized. But if the murabahah bil wakalah agreement is not clear between the two contracts which one is used, there is obscurity (gharar), the law is haraam. But if the two contracts can be clear (not gharar) and separate (which one is the right one), then a transaction with two contracts is permitted, for example murabahah bil wakalah transaction, by means of the wakalah contract, then the murabahah contract, then this contract is enforced.

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BYUNG-WOON LYOU. "The Applicable Law or Proper Law of Internation Business Contract." Journal of hongik law review 8, no. 2 (August 2007): 289–316. http://dx.doi.org/10.16960/jhlr.8.2.200708.289.

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Krasniqi, Armand, and Mersiha Kalac Kacamakovic. "CHALLENGES AND PERSPECTIVES OF LAW AND DIGITALIZATION: CASE STUDY OF CONTRACT LAW." Journal Human Research in Rehabilitation 13, no. 2 (September 13, 2023): 264–70. http://dx.doi.org/10.21554/hrr.092308.

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The paper focuses on highlighting the weaknesses and lack of legislation for the electronic notarization of electronic contracts, not only in Kosovo’s business field. The idea of electronic notarization is new in Kosovo and is considered a complex task for the regulation of contractual obligations, which condition the modern activities of e-business. The dynamics and dimensions of e-business development strongly influence the change in the techniques of concluding formal contracts at a distance through information technologies. New legislative practices in the modern world are successfully managing to eliminate or reduce these obstacles, which unintentionally complicate and slow down contractual legal relations between business partners. Notary services are no exception to this trend. Despite the positive trend, the legislation in Kosovo seems to be only in its beginnings, and as such it does not enable and guarantee business partners the electronic notarization of contracts, but unfortunately, there is no debate and no concrete initiatives so far. The first phase, which would better regulate this field, concerns the standardization through the validation of these contracts in the territory of Kosovo through criteria that prove and guarantee the accuracy of the contract.

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Tot, Ivan. "Rizik unovčenja objekta leasinga u ugovoru o operativnom leasingu motornog vozila." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 38, no. 1 (2017): 303–35. http://dx.doi.org/10.30925/zpfsr.38.1.10.

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The subject of the research in this paper are automotive operating lease contracts in the Croatian business practice. The provisions of the general terms and conditions for operating lease contracts of the Croatian leasing companies are being analysed, particulary those relating to the rights and obligations of the parties to the contract after the operating lease contract was terminated and the motor vehicle returned to the lessor. The existence of three contractual models of the automotive operating lease contract in the Croatian business practice is established, which vary with regard to the assignment and the distribution of the residual value risk. Those contractual models are being compared with the two most common contractual models of automotive lease contracts in the Austrian and German business practice: the lease contract with the excess mileage adjustment and the lease contract with the terminal rent adjustment. On the basis of the results of this comparison, applicability of the legal solutions, developed in the Austrian and German jurisprudence and legal literature regarding the lease contract with the excess mileage adjustment and the lease contract with the terminal rent adjustment, to the automotive operating lease contract within the framework of Croatian law, is being examinded.

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Dobiáš, Petr. "Group Insurance and Reinsurance Business in the Legal Relations with an International Element." International and Comparative Law Review 16, no. 2 (December 1, 2016): 209–20. http://dx.doi.org/10.1515/iclr-2016-0025.

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Summary Currently, no internationally unified legal regulation of group insurance contracts and reinsurance contracts is available. As a result, a national legal regulation determined according to conflict-of-law rules is applied to both types of contracts in legal relations with an international element. The differences between national legal regulations could be overcome through the application of optional instruments, namely the Principles of the European Insurance Contract Law and the Principles of Reinsurance Contract Law.

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Mindar R, Encep, and Elan Jaelani. "PERSPEKTIF UU NO. 24/2009 TERHADAP LEGALITAS KONTRAK BISNIS INTERNASIONAL YANG BERMODEL MONOLINGUAL ASING." Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance 3, no. 1 (December 4, 2022): 1–9. http://dx.doi.org/10.53363/bureau.v3i1.136.

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The development of contracts in international business contract currently has implications for existing legal arrangements, especially arrangements within the scope of business law. New aspects in the scope of international business really need attention, onee of which is uthe uuse of language in ann international business contract. The use of language in international business contracts is a separate concern considering that this aspect is one of the mostt importantt parts that will have a direct impact on the implementation of a business contract. This legal research uses a normative juridical method. The resultsf of the researchy in this papero show that afterx the Law No.24/2009 existed, arrangements regarding the use of Indonesian in international business contracts have been regulated as in article 31. However, this article does not contain strict sanctions against violators, giving rise to legal uncertainty

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Riandini, Vera Ayu. "JURIDICAL ANALYSIS OF PEER TO PEER LENDING ACCORDING TO CONTRACT LAW." UNTAG Law Review 5, no. 1 (May 27, 2021): 1. http://dx.doi.org/10.56444/ulrev.v5i1.2204.

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<p>Logic business law understood that the business world confront businesses in business activity, and the contract is an important legal instrument which establish legal relationship and secures business transactions. The rapid growth of information and technology the internet bring up transactions financing startup in financial technology of crowdlending and here contract into very important to be set .This research first, aimed at outlines crowdlending benefits for financing sector startup, second, to explain the functions of/the role of contract financings crowdlending services. Research methodology used is the method research law that is normative, with the methods approach of the concept and principle in a contract. The result of this research suggests that rule of POJK 77/2016 not explained in detail on the regulations peer to peer lending contract so the marketplace in line KUHPerdata and having its own innovations, there is the possibility of risk and risk failed to pay, the risk of failure it infrastructure, the risk of fraud by borrowers and risk reputation.</p>

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Dorelli, Michael A., and Phillip T. Scaletta. "Recent Developments in Indiana Business and Contract Law." Indiana Law Review 44, no. 4 (January 4, 2011): 1053–86. http://dx.doi.org/10.18060/4119.

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Dorelli, Michael A., and Justin T. Walton. "Recent Developments in Indiana Business and Contract Law." Indiana Law Review 45, no. 4 (January 4, 2012): 977–1010. http://dx.doi.org/10.18060/18013.

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Alberts, Joseph R., and John W. Hamilton. "1998 Survey of Indiana Contract and Business Law." Indiana Law Review 32, no. 3 (January 3, 1999): 687–764. http://dx.doi.org/10.18060/3357.

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Rutgers, Jacobien. "Choice of Law in b2b Contracts: the Law of the Jungle." European Review of Contract Law 14, no. 3 (September 6, 2018): 241–68. http://dx.doi.org/10.1515/ercl-2018-1014.

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Abstract Is the law of the jungle the guiding principle with respect to choice of law clauses in international contracts between businesses (b2b contract)? Does a choice of law imply the rule of the strongest party? These and other questions are discussed in the light of 18 exploratory qualitative interviews with Dutch senior practising lawyers (advocaten). Lawyers were interviewed, since it is often presumed that they play an important role with respect to a choice of law in the pre-contractual phase. However, the perception of lawyers with respect to a choice of law is underresearched. The interview findings are discussed and compared to the data concerning a choice of law in the context of the debates about a common European contract law, regulatory competition, self-enforcing contracts and the legal origin theory. Finally, questions for future research are formulated. For instance, in the empirical research conducted sofar, no specific attention has been paid to small and medium sized businesses. Had they been considered, the outcome could have been different. The same may be said with respect to the different business sectors and the countries where the companies are established.

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Levushkin, A. N., and S. V. Alborov. "The Legal Nature of Business Contracts and Obligations Related to the Implementation of Business Activities." Lex Russica 74, no. 2 (February 25, 2021): 29–39. http://dx.doi.org/10.17803/1729-5920.2021.171.2.029-039.

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The paper investigates the legal nature, essence and significance of the business contract, its role in the implementation of entrepreneurial activity. At the present stage of the development of the society and law and order, the vast majority of legal relations in countries with developed or rapidly developing market relations arise and develop on the basis of various business contracts. The business activity carried out by entrepreneurs, is, as a rule, organized on a contractual basis. As you know, the contract is a universal legal instrument that allows detailed settlement of specific relationships and relations between business entities. At the same time, the freedom of such regulation is limited by the imperative prescriptions of the rules of law and the expression of the will of the parties to the contract. That is, the contract plays a special role in the implementation of entrepreneurial activity, as it is one of the important instruments of individual legal regulation of entrepreneurial relations.The authors note that the current legislation does not provide for any legal definition of the "business contract". On the contrary, the law-makers apply the concept of "obligations associated with the implementation of entrepreneurial activities", which, although not identical to an entrepreneurial agreement, allows us to assert that domestic legislation sets forth factual prerequisites to the legal regulation of the business contract. In conclusion, the authors attempt to define the business contract and determine its distinctive features.The authors summarize that modern market relations, development of entrepreneurship are based on the principles of increasing the level of competition, state dispositive regulation, and equality of participants. Guided by such important principles, individuals carry out business activities where the rules of civil legislation play a significant role (as general regulations) and special rules established in certain regulatory legal acts of the Russian Federation governing contractual business relations.

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Rudiansyah, Rudiansyah, and Syaiful Anam. "Akad Tidak Bernama Dalam Hukum Kontrak Bisnis Syariah." Jurnal Keislaman 6, no. 1 (March 1, 2023): 174–89. http://dx.doi.org/10.54298/jk.v6i1.3693.

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Studying unnamed contracts is an important requirement for economic business actors, especially sharia economic actors. The rapid development of the economy and business requires business actors to study unnamed contract forms in sharia business practices in order to respond to the challenges of the times. This research will examine unnamed contracts in sharia business contract law. This type of research is library research, which is a study by examining data from various literature. The results of the study show that unnamed contracts are contracts that are not specifically regulated in fiqh books and do not have special provisions. This contract is made and determined by the parties according to their needs. The provisions that apply in this contract refer to the provisions of the general theory of the contract (naẓriyyat al-'aqd) and are guided by the principle of freedom of contract (mabda' ḥurriyat at-ta'āqud). An example of an unnamed contract is istishnā', bai al -wafa, istijrār, tahkīr, book publishing contracts, advertising contracts, auction contracts, fiduciary contracts, leasing contracts, franchising contracts, consignment contracts, lease purchase agreements and others.

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Rohaya, Nizla, Dini Bahraini Sinulingga, and Upik Mutiara. "CHALLENGES OF INDONESIAN CONTRACT LAW IN THE DIGITAL BUSINESS ERA." Pagaruyuang Law Journal 7, no. 1 (July 24, 2023): 1–15. http://dx.doi.org/10.31869/plj.v7i1.4552.

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This research is motivated by the author's interest in observing the development of Indonesian contract law which until now continues to face challenges, especially in the era of globalization where there has been a shift in business activities from conventional to digital era. The purpose of this study is to analyze the readiness of Indonesian contract law in the face of its increasingly diverse developments that affect social aspects and change the way business people interact with each other. The transaction process in the business world that is carried out without direct meetings using internet media is included in the category of electronic transactions. Electronic transactions in business have various forms, one of which is electronic commerce or commonly known as e-commerce. This advancement makes it easier for individuals and companies to carry out various types of business transactions, especially in trade. This research uses normative legal research method through conceptual approach. The results show that there are several issues that are still a problem for Indonesian contract law, one of which is the validity of electronic contracts and dispute resolution in online transactions. In answering this issue, the author urges the government to immediately create and pass a new contract law, namely the National Contract Law which, as of this writing, is still in the drafting stage.

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Sazonova, Irina V., Vladlena S. Mazhaeva, Alexandr A. Potkin, and Marina A. Kuznetsova. "Synergy of Business, Law and Economy in the Smart-Contract Implementation." SHS Web of Conferences 110 (2021): 01015. http://dx.doi.org/10.1051/shsconf/202111001015.

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The evolution of digital technologies leads to a tectonic transformation of all spheres of society. Law, as a system of regulating public relations, is changing dynamically along with the development of public relations in different spheres. The development of IT led to the emergence of blockchain technology, which, in turn, became the basis for the development of smart contracts. Smart contract technology, as it develops, causes changes not only in the legislation, but also in the model of interaction between the state and business. Due to smart contracts, a significant part of the rules can be algorithmized, and the regulation can become machine-readable. Purpose of the research: Legal research of the current legislation, the synergy of business, law and economy in the implementation of smart contract technology, determination of theoretical concepts in relation to smart contracts, the content and problems of the application of smart contracts, and identification of the most significant proposals for improving legislation. Methods: The authors of the research used general and specific scientific methods. In the study of the technological foundations of the smart contract, the main methods were analysis, synthesis, analogy, and a system-structural approach.

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Reni Ayu Anggriani, Yuni Dhea Utari, Nur Umida, and Annisa Agustira. "Implementation of the Principle of Freedom of Contract in Business Agreement Law and Its Implications for Justice." INTERDISIPLIN: Journal of Qualitative and Quantitative Research 1, no. 3 (May 29, 2024): 86–101. http://dx.doi.org/10.61166/interdisiplin.v1i3.25.

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The principle of freedom of contract is a fundamental principle in business contract law in Indonesia which gives parties the freedom to determine the content, form and terms of the contract independently. This principle is recognized in Article 1338 of the Civil Code, which states that all agreements made legally are valid as law for the parties who make them. The implementation of this principle allows flexibility and innovation in business transactions, but remains limited by law, propriety and the public interest to prevent abuse. This research uses qualitative methods with document studies, examining various literature sources related to the principle of freedom of contract and its implications for fairness in business agreements. The research results show that the principle of freedom of contract increases efficiency and trust in business, but can also give rise to injustice if not regulated properly. Therefore, regulations and legal protection mechanisms are needed that ensure balance and justice for all parties. Upholding the principles of fairness, good faith and reasonableness in evaluating and implementing contracts is important to achieve fairness and sustainability in business relationships.

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DiMatteo, Larry A. "Fifty Years of Contract Law Scholarship in theAmerican Business Law Journal." American Business Law Journal 50, no. 1 (February 25, 2013): 105–58. http://dx.doi.org/10.1111/ablj.12006.

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Morgan, Jonathan. "LIABILITY FOR LOST FUTURE BUSINESS IN CONTRACT." Cambridge Law Journal 64, no. 2 (July 7, 2005): 285–87. http://dx.doi.org/10.1017/s0008197305276869.

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Schulte-Nölke, Hans. "No Market for Lemons: On the Reasons for a Judicial Unfairness Test for B2B Contracts." European Review of Private Law 23, Issue 2 (April 1, 2015): 195–216. http://dx.doi.org/10.54648/erpl2015016.

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Abstract: Judicial intervention into B2B contracts should be construed as part of state infrastructure to improve business efficiency and thereby that of the market itself. The main purpose of unfair contract terms regulation should be to discharge a business from reading, analysing, or even negotiating the bulk of contract terms presented to them by other businesses. This enables businesses to prepare standard terms in advance, particularly those underlying high-volume transactions. Their customers can rest assured that such contracts would need to pass a judicial fairness test before being enforced and can therefore accept the bulk of all terms presented to them in blissful ignorance of the terms' content. However, those terms which an efficient market economy would expect businesses to read carefully and, if necessary, negotiate need not be subjected to this judicial unfairness test. Such terms exempted from the fairness test are, if transparent, those that determine the price and the main subject matter of the contract, those that any aggrieved business had actually itself supplied, and moreover, all terms in a contract of such a high value for which reasonable parties would seek legal advice and painstakingly negotiate every word. There is also no need for a judicial fairness test for those terms that have, in fact, been negotiated in detail by the parties, since the main function of the test is to compensate for the lack of negotiations. In order to free the parties in the most efficient way possible from negotiating, or even reading, all other terms, the following judicially applied unfairness test should apply. The further removed a particular non-negotiated term is from what reasonable and honest parties would have agreed in individual negotiations, the more likely it is that the individual term is unfair.

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Uysal, Ezgi. "Sustainability Clauses in ‘Public’ Contracts." European Review of Contract Law 20, no. 1 (April 1, 2024): 105–27. http://dx.doi.org/10.1515/ercl-2024-2004.

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Abstract Under the Public Sector Directive, public buyers are allowed to include sustainability considerations in their purchasing decisions within the limits of the principles of procurement. This framework allows criteria linked to the subject matter to be contractualised. Though different criteria are widely employed in public procurement within the umbrella of sustainable public procurement, the literature mostly focuses on stages leading to the contract award instead of considering the public contract as a document incorporating contractual obligations. On the other side, green and social commitments in (business) contracts are considerations that are not necessarily linked to the subject matter. Though their value is acknowledged, their enforcement proves to be challenging due to the restraints of contract law. By using European contract law as a reference point, this paper compares sustainability clauses in business contracts to sustainability clauses in public contracts – to determine whether the EU regime applicable to public contracts offers solutions to these hurdles.

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Rahayu, Sang Ayu Putu, Rahayu Fery Anitasari, Mia Pitaloka Krisna Putri, and Anak Agung Ayu Diah Setyawati. "Old Well Management from Investment Law Perspective." Yuridika 38, no. 2 (May 1, 2023): 203–18. http://dx.doi.org/10.20473/ydk.v38i2.43924.

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Upstream oil and gas business activities are exploration and exploitation activities carried out by cooperation contract contractors ( KKKS) in a work area with a cooperation contract, which in this case uses the type of PSC. In a working space, a part of the field is not cultivated by KKKS, which is commonly called an Old Well. Factually Old Well management regulations still need amendments and updates to developments, especially in upstream oil and gas contracts, which have now been switched to gross split PSC. This study adopted a normative method, with data sources drawn from primary and secondary legal materials. Ultimately, it is appropriate and reasonable to amend the management of Old Wells, considering that upstream business activities continue to develop and undergo changes. Therefore, understanding the old well management scheme, in line with regulatory changes in upstream oil and gas business activities, is essential. Furthermore, until now, what is still used is the type of operating cooperation (KSO) for old well management, but basically, the appropriate cooperation contract model to be used in the direction of Old Wells that can meet the needs of all parties involved in the type of profit-sharing contract, while still meeting the minimum clause requirements that must be in the Old Well management contract following the operational procedure guidelines (PTK) for the management of Old Wells. In this regard, the government should consider using a gross split production-sharing contract (PSC) scheme to manage oil and gas wells in Old Wells.

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Reich, Norbert. "A European Contract Law, or an EU Contract Law Regulation for Consumers?" Journal of Consumer Policy 28, no. 4 (December 2005): 383–407. http://dx.doi.org/10.1007/s10603-005-3282-z.

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Cindawati, Mrs. "PRINSIP GOOD FAITH(ITIKAD BAIK) DALAM HUKUM KONTRAK BISNIS INTERNASIONAL." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 26, no. 2 (November 11, 2014): 181. http://dx.doi.org/10.22146/jmh.16038.

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The law of international business contracts is the law of national contract with additional of foreign substances, this principle relevant for the law of international business contracts. Writer has an interest in the issue what principle good faith in the international business contract law. Principle good faith is honesty in behavior or honesty in trade transaction, which include honesty in fact and honour towards proper trade standards, and honesty in trade transaction. Relations require good faith when contract signatory, but also not yet to close the contracts. Hukum Kontrak Internasional adalah hukum kontrak nasional yang ada unsur asingnya, prinsip ini relevan bagi Hukum Kontrak Internasional. Penulis tertarik untuk mengkaji dengan permasalahan: apa prinsip good faith(itikad baik) dalam hukum kontrak internasional? Prinsip good faith(itikad baik) tidak lain adalah “kejujuran” dalam perilaku atau kejujuran dalam bertransaksi dagang, termasuk di dalamnya adalah kejujuran dalam fakta dan penghormatan terhadap standar-standar dagang yang wajar dan transaksi dagang yang jujur. Hubungan mensyaratkan kewajiban itikad baik bukan saja ketika kontrak ditandatangani, tetapi juga sebelum kontrak ditutup.

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Bedir, Cemre. "Contract Law in the Age of Big Data." European Review of Contract Law 16, no. 3 (September 8, 2020): 347–65. http://dx.doi.org/10.1515/ercl-2020-0020.

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AbstractIn data-driven business models, users’ personal data is collected in order to determine the preferences of consumers and to the tailor production and advertising to these preferences. In these business models, consumers do not pay a price but provide their data, such as IP numbers, locations, and email addresses to benefit from the digital service or content. Contracts facilitate interactions between these providers and users. Their transactions are regulated by contracts in which their agreement on data use and data processing are stipulated. Data is always collected and processed through a contractual relationship and in this paper, I will argue that there are problems arising from contracts involving data to which contract law applies and that contract law can map these problems and offer insights. The scope of this study will be limited to issues where data is provided as counter-performance and where data is provided in addition to a monetary payment.

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Hasiholan Sihaloho, Subhan Zein, Nelson Hasibuan, and Mario Alberto Manodohon. "Analysis of Challenges and Opportunities for the Development of Economic Globalization in Business Law in Indonesia." Formosa Journal of Multidisciplinary Research 2, no. 11 (November 30, 2023): 1751–64. http://dx.doi.org/10.55927/fjmr.v2i11.6684.

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Globalization as the rapid growth of interdependence and connections in the world of trade and finance. Globalization is not only limited to the phenomenon of trade and financial flows which are growing increasingly widespread, this is due to other trends driven by communication. What are the challenges and opportunities for the development of economic globalization in business law in Indonesia? 1) Business competition regulations, business law regulates fair business competition and prohibits business practices that harm consumers or competitors. This ensures that the market remains healthy and prevents monopolies from harming the economy. Contracts and contract law. 2) Business law regulates the creation, interpretation, and enforcement of contracts. This provides legal certainty for parties involved in business transactions and allows contractors to rely on contract fulfillment. 3) Banking and financial regulations, regulation and supervision of all financial activities must be carried out with integrity. 4) Protection of Intellectual Property Rights (IPR). Business law protects copyrights, patents, trademarks, and industrial designs that encourage innovation and the creation of new goods and services. This provides incentives to companies and individuals to invest in research and development.

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Blount, Justin R. "An Experiential Contract Negotiation Exercise for Business Law Students." Journal of Legal Studies Education 36, no. 1 (February 20, 2019): 103–33. http://dx.doi.org/10.1111/jlse.12086.

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Freeman, Anne. "Contracting with small businesses: include unfair terms in your standard form contracts at your peril." APPEA Journal 58, no. 2 (2018): 550. http://dx.doi.org/10.1071/aj17060.

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Many companies operating in the oil and gas space might think that the Australian Consumer Law has little impact on them. However, in November 2016, amendments were made to the Competition and Consumer Act extending the unfair contract terms regime under that legislation beyond dealings with individual consumers to small businesses. This reform has potential far-reaching consequences for companies in the oil and gas sector which use standard form contracts with suppliers of goods and services. A standard form contract is one that is prepared by one party to the contract where the other party has little or no opportunity to negotiate the terms. If the contract counterparty is a small business (employing less than 20 employees) and if the upfront price is no more than $300 000 or $1 million if the contract is for more than 12 months, it is caught by this regime. If the standard form contract contains terms which are unfair, those terms may be declared void and there may be other consequences, including orders for monetary redress, penalties and the entire contract being avoided. This extended abstract will explain the business to business unfair contracts regime, including what contracts it affects, which contracts and terms are excluded from the regime, and it will examine, by way of some case studies, the types of terms which have been found to be unfair.

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Sergeeva, Olga V. "LAW SELECTION BY THE PARTICIPANTS OF TRANSBORDER ONLINE CONTRACTUAL RELATIONS: EXPERIENCE OF THE USA AND THE EUROPEAN UNION." Public international and private international law 6 (October 29, 2020): 34–38. http://dx.doi.org/10.18572/1812-3910-2020-6-34-38.

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The practice of realization in the USA and European Union of the parties’ autonomy due to the choice of law, applicable to the cross-border online-contract is explored in the article. Particularly the problems of the choice of law, applicable to the cross-border online-contracts B2B (business to business), B2C (business to consumer) и C2C (consumer to consumer) are analyzed. The question is raised about the fairness of undiscussible clause, considering the choice of law, applicable to the online-contract involving consumers. According to the doctrine, legislation and practice the procedural and constitutive approaches to the solving of this question are observed in the article.

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Ene, Charlotte. "Smart contracts - the new form of the legal agreements." Proceedings of the International Conference on Business Excellence 14, no. 1 (July 1, 2020): 1206–10. http://dx.doi.org/10.2478/picbe-2020-0113.

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AbstractToday we are witnesses an explosion of online business, developed on the internet – a special environment that requires own resources and tools and it is governed by specific rules. In this context, a new type of technology has been developed – the distributed ledger system, which allowed the creation of a new form of the agreement - the smart contracts. Smart contract is the next step forward in the process of digitalized contracts, after using the PDF documents with electronic signatures, and it favors the businesses to be carried out completely automatically, without the need for human intervention, and to gain greater efficiency and reduction in costs. This paper will try to provide the answers to several questions, such as: what is a smart contract?; how smart contract will be used?; how smart contract will be enforced?; etc. Moreover, it will be emphasized the advantages of smart contract and the new developments such as “Ricardian” contracts representing more efficient and transparent agreements that can be drafted and enforced on platform. Most important issue of this paper consists in analysis of legal framework of smart contracts using the basic principles of contract law combined with blockchain regulations, taking into account changing the paradigm from “code is law” to “law is code”.

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Witthoff, Eberhard. "Principles of Reinsurance Contract Law: The Reinsurer’s Perspective." Uniform Law Review 25, no. 1 (March 1, 2020): 57–66. http://dx.doi.org/10.1093/ulr/unaa004.

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Abstract The global economic impact of reinsurance has increased significantly in recent years, leading to a desire for more certainty in the legal interpretation of reinsurance contracts as the number of disputes increases. Reinsurance contract wordings are not regulated by any overarching statutory law or regulations, in part due to the transnational nature of most reinsurance business. Additionally, reinsurance contracts have historically been interpreted by applying only general principles of contract law and good faith obligations with a heavy emphasis on the parties practice, usage and custom. This has led to significant uncertainty with respect to reinsurance disputes. The Principles of Reinsurance Contract Law (PRICL), published in 2019, aim to bring certainty to reinsurance contracts by improving wordings and developing widely accepted rules of interpretation.

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Barakatullah, Abdul Halim. "Personal Liability For Loss Of Business Of Consumer In Electronic Transaction Using The Standard Contract." Lambung Mangkurat Law Journal 1, no. 2 (August 30, 2016): 129–40. http://dx.doi.org/10.32801/abc.v1i2.20.

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Abstract: Standard contract in electronic transactions in the business-to-consumer as contract online is offered by business actor to consumers in the form of ‘take it or leave it’. Almost all standard contracts in electronic transaction cannot be negotiated. These contracts are businesses utilized to circumvent and ignore the rights of electronic consumers. This electronic transaction has its own characteristics when compared to conventional transactions. Based on the principle of contract freedom, then the contract can be made in any form and binding as law for the parties. Therefore the consumer protection should be equated with consumer conducting transactions conventionally. Under the provisions of UUPK stated that businesses are prohibited from creating a standard clause in the contract that the form of the transfer of responsibility. Consequently, the violation of the provisions of the standard clause that has been set by the business is declared null and void. The principle of responsibility is also adopted in principle of the presumption of UUPK is to always be responsible (presumption of liability principle) by the burden of reversed proof. For greater protection for consumers in electronic transactions, it is right in Indonesia to implement the principle of absolute liability in providing maximum legal protection for consumers in transactions in cyberspace.

Journal articles on the topic 'Business contract law'

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