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Journal articles on the topic 'Special law of contracts'
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1
Kaczorowska, Bogna. "Juridical Status of So-called Smart Contracts against the Background of the Polish Legal Framework." Masaryk University Journal of Law and Technology 13, no. 2 (September 30, 2019): 189–218. http://dx.doi.org/10.5817/mujlt2019-2-3.
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Among substantial advancements challenging contemporary contract law special attention is given to autonomous, cryptographic solutions based on decentralised infrastructure provided by blockchain technology, intended to execute transactions automatically, designated as smart contracts. The need for comprehensive research on legal implications of practical implementation of this technological innovation is triggered particularly by the prognostications declaring it a valid alternative to hitherto contract law framework that is expected to be ultimately replaced by algorithmic mechanisms underpinning smart contracts.A relevant assessment of the impact smart contracts are presumed to have on the contract law domain requires a thorough analysis of their juridical status. The specificity of the category of smart contracts raises doubts whether they comply with the definition criteria inherent to contract law terminology. Additionally, it is of material importance to determine the function smart contracts can perform in the sphere of contractual practice and to confront it with the role and axiology of contract law.The article aims at analysing the peculiarities of smart contracts from the perspective of the Polish private law system with account being also taken of current development tendencies concerning the concept of contract.
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Filatova, Nataliia. "Smart contracts from the contract law perspective: outlining new regulative strategies." International Journal of Law and Information Technology 28, no. 3 (2020): 217–42. http://dx.doi.org/10.1093/ijlit/eaaa015.
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Abstract Smart contracts nowadays start being widely used in various areas of economic and social life. In most cases smart contracts are somehow related to legal contracts: the former may constitute part of a legal contract, an entire contract, or be used to automate a contract performance. Meanwhile, a question whether modern contract law is applicable to smart contracts is rather debatable, since smart contracts initially were designed to rely only on technical rules embedded in blockchain and considered as self-sufficient instruments capable of addressing various issues which may emerge in practice. However, practice has shown that technical regulation does not often cope with the problems one may face when using smart contracts, which confirms the need for legal regulation. Although smart contracts have many technical peculiarities, they do not make application of contract law provisions totally impossible. Thus, what the modern contract law needs is a set of special rules applicable to the practice of smart contracting.
3
HoJeong Kim. "Special Rules on Contracts in Public Law." HUFS Law Review 34, no. 4 (November 2010): 293–309. http://dx.doi.org/10.17257/hufslr.2010.34.4.293.
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Đurović, Andrea. "Smart contracts as an innovation in insurance law." Pravo i privreda 58, no. 3 (2020): 305–17. http://dx.doi.org/10.5937/pip2003305c.
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One of the major current topics and one of the major innovations in the contract law, as well as in insurance law is the invention of the smart contracts. The author is basing her research on use of smart contract in insurance law and what are the main legal issues arising from the use of smart contract. In her paper, the author points out that the implementation of the smart contract in insurance law will greatly affect all participants in insurance contract and a significant step forward in improving the level of protection of insurance users (consumers), although it takes time and readiness of European and domestic legislators to create a special regulatory framework so that smart contract can reach its potential.
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Żok, Krzysztof. "Law Applicable to Cloud Computing Contracts Concluded with Consumers under Regulation 593/2008, According to the CJEU Case Law." Masaryk University Journal of Law and Technology 14, no. 1 (June 26, 2020): 83–104. http://dx.doi.org/10.5817/mujlt2020-1-4.
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The undoubted popularity of cloud computing stems in particular from the fact that the provider can simultaneously offer access to his or her computing resources to an almost unlimited number of users located in different countries. Although this feature brings significant benefits to the provider, it also raises serious questions regarding the law governing the contract. The concerns become especially relevant in the case of contracts concluded between a consumer and a professional due to the limits of the choice of law and the special rules protecting consumers.The article analyses the law applicable to cloud computing contracts concluded with consumers. The considerations focus on the special provisions regarding consumer protection. Contrary to some comments, the article claims that the current legal framework is sufficient to determine the applicable law, although this task is not without doubts.
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BRIGGS, CHRIS. "Introduction: law courts, contracts and rural society in Europe, 1200–1600." Continuity and Change 29, no. 1 (May 2014): 3–18. http://dx.doi.org/10.1017/s026841601400006x.
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AbstractPrivate contracts of many different kinds were at the heart of the rural economy in medieval and early modern Europe. This article considers some of the key issues involved in the study of those contracts, and of the institutions that facilitated their registration and enforcement. Drawing on examples from medieval England as well as the articles in this special issue of the journal, it is argued that complex and effective ‘public-order’ structures for contract registration and enforcement – principally various kinds of law court – were ubiquitous in European villages and small towns in this era.
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Topildiev, Vokhidjon. "Civil law problems of constituent contracts." Общество и инновации 2, no. 3 (June 15, 2021): 80–90. http://dx.doi.org/10.47689/2181-1415-vol2-iss3-pp80-90.
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In this article, the author provides a scientific assessment of the history of the conclusion of constituent agreements on the creation of legal entities, based on the Roman, former Union and civil law of the Republic of Uzbekistan, and also theoretically and practically analyzed the essence of constituent agreements and their types on the basis of current legislation. He also proposed to include in the Civil Code of the Republic of Uzbekistan a separate special chapter regulating constituent agreements.
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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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Ivanova, Nelli. "Contractual regulation of custody and guardianship of minor children in modern Russia." Current Issues of the State and Law, no. 13 (2020): 101–10. http://dx.doi.org/10.20310/2587-9340-2020-4-13-101-110.
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This work is devoted to a relevant topic in modern Russia related to the placement of children without parental care under custody (guardianship). The aim of the work is to study the features of the legal regulation of contractual custody (guardianship) of minor children in modern Russia. The work is written using general scientific and special methods of cognition: historical, dialectical, formal and logical, empirical. We pay special attention to the comparative legal method, which is due to the purpose and objectives of the study. Based on a brief retrospective analysis, the legal nature of the foster family contract and foster care contract is examined. We substantiate the position that the custody (guardianship) contract, having certain features, has a mixed legal nature. We emphasize that guardianship and custody contracts have elements of both civil law contracts and family law contracts. We analyze the legal nature of remuneration to custodians and guardians. It is concluded that the contractual regulation of custody and guardianship provides the opportunity for more flexible legal regulation of relations on the transfer of a child to a family, allows you to accommodate the interests of both wards children and custodians (guardians).
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Łopuski, Jan. "EUROPEIZACJA PRAWA DOTYCZĄCEGO UMOWY UBEZPIECZENIA." Zeszyty Prawnicze 4, no. 2 (June 9, 2017): 9. http://dx.doi.org/10.21697/zp.2004.4.2.01.
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Euro-merge of the Law Regarding Insurance ContractSummaryThe author presents the origins of the Polish commercial insurance law in the context of the process o f its Euro-merge. Special attention is devoted to the evaluation of the quality of the regulation of the insurance contract in the Civil Code against the background of the solutions adopted by laws o f particular W estern European countries. The above problems are discussed in relation to the freedom of contracts principle, general conditions of insurance, consumer contracts law and the limitations of insurance. The evaluation of the Polish legislation includes interesting remarks de lege ferenda.
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Hatfield, John William, and Paul R. Milgrom. "Matching with Contracts." American Economic Review 95, no. 4 (August 1, 2005): 913–35. http://dx.doi.org/10.1257/0002828054825466.
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We develop a model of matching with contracts which incorporates, as special cases, the college admissions problem, the Kelso-Crawford labor market matching model, and ascending package auctions. We introduce a new “law of aggregate demand” for the case of discrete heterogeneous workers and show that, when workers are substitutes, this law is satisfied by profit-maximizing firms. When workers are substitutes and the law is satisfied, truthful reporting is a dominant strategy for workers in a worker-offering auction/matching algorithm. We also parameterize a large class of preferences satisfying the two conditions.
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Dudaš, Atila. "Conformity of goods and guarantee in Hungarian law: Example of transposition of Directive 1999/44/EC by amending the general rules of contract law." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 3 (2020): 1043–64. http://dx.doi.org/10.5937/zrpfns54-29420.
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In 2002 Hungary transposed the Directive 1999/44/EC on certain aspects of sale of consumer goods and associated guarantees, by amending the Civil code of 1959, rather than integrating the rules of the Directive into the then-effective Law on the Protection of Consumers of 1997. Such an approach reveals some advantages if compared to the Serbian law. Namely, in Serbia the former Law on the Protection of Consumers of 2010 introduced special rules pertaining to conformity and guarantees in consumer sales contracts. Consequently, the need arose to limit their scope of application from the general rules of the Law on Obligations of 1978 on the conformity and guarantees. By the transposition of the rules of Directive into the Hungarian Civil code a unique set of rules on conformity and guarantees has been created that has a general scope of application. While they are applicable to all contracts, the number of special rules applicable only to consumer sales contract is in fact relatively small. Furthermore, Hungarian law provides an example of coordinated functioning of commercial and obligatory guarantees. Commercial guarantee is, like conformity, regulated uniformly in the Civil code, applicable to both consumer and non-consumer contracts. Apart from commercial guarantees, there are several obligatory guarantees in Hungarian law introduced by decrees of the government, whereby their scope of application is clear. In contrast, the legal nature and scope of application of guarantee under the Law on Obligations in Serbia became vague after the adoption of the former Law on the Protection of Consumers of 2010, which introduced commercial guarantees in consumer sale contracts. This is also one of the negative implications of the transposition of Directive 1999/44/EC into the Law on the Protection of Consumers, instead of incorporating them into the rules of general contract law. The main legislative approach adopted in the former Hungarian Civil Code has not been changed in the new Code from 2013 either: conformity and guarantee remain regulated by the general rules of contract law. Obligatory guarantees introduced by decrees of the government also remain in force. A significant novelty in the new Code is the introduction of a direct liability of the produced or consumer goods, a legislative possibility offered by Directive 1999/44/EC.
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Ali, Moh, and Agus Yudha Hernoko. "Characteristics of Party autonomy in a Transnational Electronic Consumer Contract." Yuridika 35, no. 1 (October 21, 2019): 55. http://dx.doi.org/10.20473/ydk.v35i1.15105.
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International contracts involving legal subjects between countries will affect the law chosen by the parties. Electronic contracts are different than conventional contracts in general. Prominent characteristics includevirtual, paperless and borderless. Determination of legal choices cannot be made with a link-point approach that is generally applicable to conventional transactions. The typical e-commerce characteristics should be special treatment for special contracts. The virtual nature that knows no national borders is difficult to determine in which country the legal event takes place. Paperless nature often overrides accuracy in transactions, especially with regard to legal choice clauses and forum choices.In addition, another character is that electronic transactions are made in standard form and are arranged for the purpose of take or leave it. Generally, business actors have determined the choice of law and the choice of the forum. Electronic contracts place consumers in a weak bargaining position (the weaker party). There are active limitations in determining the legal choice clause, causing consumers not to have an unequal bargaining power, giving rise to a fundamental paradigm shift in the principle of freedom of contract from "party autonomy" to "one-sided autonomy". On this basis, the need for state intervention to provide legal protection in the form of mandatory regulations as an exception to the contractual principle that is absolute becomes relative, namely that the applicable law is not mutatis mutandis law that is chosen by the parties but the law where habitual residence is.
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Radovanović, Sanja, and Nikolina Miščević. "On the division to nonexistent and void contracts in domestic law." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 1 (2020): 267–87. http://dx.doi.org/10.5937/zrpfns54-25488.
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In the Law on Obligations, in the part that regulates invalidity of contracts only void and voidable contracts are mentioned. However, domestic theory often speaks of the further division of the void contracts to inexistent contracts and void contracts in the narrow sense. While some deny any practical significance to this division, others point out the necessity of its existence. The paper analyzes the perceptions of domestic authors on this division, the arguments made in favor of distinguishing nonexistent from void contracts, as well as the rules of the Law on Obligations, in order to examine the need for nonexistent contracts as a special type of invalid contracts.
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Чурилов, Алексей, and Aleksei Churilov. "LEGAL STATUS OF THIRD PARTIES TO A CONTRACT IN ENGLISH LAW." Advances in Law Studies 4, no. 1 (April 1, 2016): 47–53. http://dx.doi.org/10.12737/18071.
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This article covers basics of the legal status of third parties in
English common law, in particular, from the established in 1861 socalled
privity rule viewpoint. The author explains some of developed
by court exceptions, which established a possibility to enforce contract
by a third party, and a possibility to recover damages by the third party.
Contracts (Rights of Third Parties) Act 1999 is of special interest.
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Lorenz, Werner. "Reform of the German Law of Breach of Contract." Edinburgh Law Review 1, no. 3 (May 1997): 317–44. http://dx.doi.org/10.3366/elr.1997.1.3.317.
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This paper, first presented on 21 October 1995 at a joint seminar of the Scottish Law Commission and the Faculty of Law, University of Edinburgh, on the subject of breach of contract, considers the proposed reforms of German law in this area. The paper first surveys some of the problems of the existing law, highlighting its lack of a unitary concept of breach, gaps with regard to liability for breach of pre-contractual duties and contract modification owing to change of circumstances, difficulties arising from the special treatment of sales contracts and contracts for work and labour, and the mutual exclusivity of rescission and damages. Many difficulties arise from the operation of the law of prescription in the field. It is observed that the Vienna Convention on International Sales of Goods was ratified by Germany in 1991, making it desirable for reform to be consistent with the Convention. The reform proposals put forward in 1992 include a unitary concept of breach, modification of the fault principle, priority for specific implement, adjustment of the rules on termination to permit cumulation with damages and restitution, and changes with regard to the law of sales and contracts for work and labour. If implemented these will bring the German Civil Code into line with case-law developments as well as those in the international law of sales.
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Rinaldo, Carlotta. "Beyond Consumer Law – Small Enterprises, Independent Contractors and other Professional Weak Parties." European Review of Contract Law 15, no. 2 (June 6, 2019): 227–50. http://dx.doi.org/10.1515/ercl-2019-0012.
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Abstract The need to protect weak parties from unfair standard contract terms does not only exist in b2c relationships, as one could at first sight believe. In business contracts also, entrepreneurs and other professionals can be subservient to their counterparty. Accordingly, this may result in an asymmetrical situation posing the same problems that are usually addressed in consumer contracts. On the grounds of these introductory considerations, this paper aims at analysing the problem from a European point of view, with special attention to the Italian legal system. A variety of different solutions – depending on the single rationales of the different legal systems at issue – emerges, offering de iure condendo a good starting point for a fresh and novel pragmatic approach.
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Mirić, Marija Karanikić, and Tatjana Jevremović Petrović. "Administrative Contracts in Serbian Law – Specificities of the New Statutory Regime." Review of Central and East European Law 45, no. 1 (March 13, 2020): 1–35. http://dx.doi.org/10.1163/15730352-04404005.
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The subject of this paper is the special legal regime for administrative contracts under the recently enacted Serbian Law on General Administrative Procedure of 2016. We offer a comprehensive analysis of the new statutory rules, and examine their relationship to the general rules and principles of Serbian contract law. In addition, we identify the main shortcomings of the new regime, especially in the context of the lack of any statutory, scholarly and judicial typology of administrative contracts in Serbia. Furthermore, we highlight the lack of references to the notions of public interest, public purpose or public needs in the statutory definition of administrative contracts. This is cause for concern, since only the need to protect the public interest could justify the new statutory provisions, which significantly improve the contractual position of a public body as a contracting party in relation to the position of a private entity as the other party in administrative contracts. There is as yet no case law pertaining to administrative contracts in Serbia. This is why we turn to practical experience in the Croatian legal system, which is sufficiently similar and historically connected to Serbia via a shared Yugoslav heritage. We also consider German and French legal models, since they traditionally serve as comparative points of reference for Serbian legal scholars, judges and law makers.
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Andriyanov, D. V. "Application of Smart Contracts and Blockchain Platforms in Cross-Border Oil and Gas Transactions: Aggravation of Conflict-of-Laws Problem." Actual Problems of Russian Law 15, no. 6 (July 11, 2020): 84–94. http://dx.doi.org/10.17803/1994-1471.2020.115.6.084-094.
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Modern international hydrocarbons turnover is becoming more autonomous and decentralized. This process is facilitated not only by the introduction into contractual practice of such network technologies as smart contracts and blockchain platforms, but also by the wide dissemination of sources of non-governmental regulation (lex petrolea). In the context of the network paradigm of private international law, the classic problem of conflict of laws is exacerbated. The author considers the conflict-of-laws aspects of the use of smart contracts based on blockchain technology in cross-border oil and gas transactions, taking into account the fact that the use of computer algorithms does not create a new contract, but is only a special form of transaction. Such “automated” transactions in the oil and gas sector involving multiple jurisdictions create uncertainty in their legal regime. In the absence of a comprehensive substantive legal regulation, and in connection with the phenomenon of lex petrolea, the conflict-of-laws method of regulation predominates. The author shares his reasoning concerning the possibility of extending the application of Regulation No. 593/2008 of the European Parliament and the Council of the European Union “On the Law to be Applicable to contractual obligations (Rome I)” to smart contracts. The author concludes that existing regulation is quite applicable to smart contracts in cross-border oil and gas transactions. Another question is whether the law, which is applicable by virtue of a conflict-of-laws rule, provides for an appropriate substantive basis. To date, special legislation on smart contracts has been passed in only several American states. It is predicted that in the future, private international law will not only determine the law applicable to smart contracts, but will also be a guide to disseminating the positive experience of legal regulation of smart contracts in different countries.
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McLean, Janet M. "For a Law of Public Contract Per Se: An Intervention from Liberal Contract Theory." Oxford Journal of Legal Studies 39, no. 4 (2019): 856–77. http://dx.doi.org/10.1093/ojls/gqz023.
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Abstract Judges in judicial review cases in New Zealand and the UK currently begin with the presumption that the existence of a contract means that the matter should be treated as a private law one—at least in the absence of a special ‘public element’. This article argues that all contracts with government entities should be treated as presumptively public. Such a position can be justified by recourse to liberal contract theory. Arthur Ripstein’s Kantian theory identifies the critical role of the state in securing the background conditions for the operation of private law. These are unsettled when a government entity is one of the parties to a contract.
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Rousseau-Houle, Thérèse. "La notion d'enrichissement sans cause en droit administratif québécois." Les Cahiers de droit 19, no. 4 (April 12, 2005): 1039–60. http://dx.doi.org/10.7202/042284ar.
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The problem of unjust enrichment has often been raised in recent years with reference to litigation concerning contracts with public authorities. Many times, parties to such contracts have invoked this principle to obtain compensation for services provided under contracts later declared irregular or void. The courts have then attempted to apply in the context of administrative law the conditions laid down by civil law doctrine for unjust enrichment. The transposition to administrative law of the civil concept of unjust enrichment does not, however, appear to have been adequate. To begin with, the principle of unjust enrichment is difficult to dissociate from the quasi-contract of negotiorum gestio in administrative law. Further, the material and legal conditions of unjust enrichment cannot be applied as a whole to administrative law. In this field, unjust enrichment appears as a true quasi-contract in the sense that it requires the assent of the person enriched. Furthermore, the enrichment must have resulted in a real benefit in the general interest of the administration. These special conditions require a different approach toward the notion of unjust enrichment in administrative law. This approach may be elaborated from the Common Law notion of quantum meruit or from the theory of unjust enrichment in French administrative law. A new concept of unjust enrichment in Quebec administrative law would lead to finding, in the field of quasi-contracts, a solution which would provide for the protection of both public finances and the individual interests of co-contractants.
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Шувалов, Игорь. "CIVIL LAW PROVISIONS TO REGULATE INVESTMENT ACTIVITIES." Rule-of-law state: theory and practice 16, no. 3 (March 1, 2020): 90–99. http://dx.doi.org/10.33184/pravgos-2020.3.10.
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Purpose: The article analyzes the Russian Civil Code provisions from the point of view of their influence on legal regulation of investment activities. Methods: the author uses methods of literal interpretation, teleological (target) interpretation of legal provisions, and general science methods of analysis, induction and deduction. Results: It is noted that most major investment projects assume the following model of interaction between investors and recipients - the initial agreement of approximate terms of interaction and the conclusion of a bulk of civil contracts necessary for the project implementation at the second stage of cooperation. In this regard, special attention is paid to such civil law agreements as a preliminary agreement and a framework agreement. The institution of agreement to grant an option to conclude a contract, otherwise called an option to conclude a contract, as well as an option contract are designated from the position of a kind of “guarantee” of the investor’s and capital recipient’s rights. The article concludes that the importance of the principle of protection of the “weak” party to the contract is increasing. At the same time, the concept of legislative regulation of relations between the parties to contracts, which are often used by both investors and recipients of capital investments, has undergone a significant change. In addition to that, the author emphasizes that “in favor of debtors” orientation of Russian legislation is gradually being corrected by creating numerous exceptions to protect creditors' rights. This decision is intended to comply with the principle of balancing economic interests of parties to legal relations.
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Ahlin, Janez. "Application of the Rules of the Code of Obligations for Concession Contract Relations: Concession Contract on the Boundary between the Public and Private Interests." Lex localis - Journal of Local Self-Government 6, no. 2 (September 2, 2009): 245–70. http://dx.doi.org/10.4335/52.
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The special legal nature of the concession contract (as one of the legal transactions) which represents a legal framework where the public and private interests meet (two parties cooperate for mutual benefit) is characterised by intertwining of general rules of obligation law and special legal institutes that originate from the sphere of public law. The legal nature of the contractual relationships that arise between administrative and private entities requires special regulation of individual institutes that should reflect the public interest as an important guiding principle for concluding these contracts, and a special legal position of a public law entity as a holder of this public interest. Despite adoption of the new Public-Private Partnership Act in the legislative regulation of the concession contract that still remains variously regulated in previously adopted special provisions of sectoral laws, there are still some deficiencies and dilemmas that are more or less effectively dealt with in the contractual practice. For the legal positions that are classically civil at first sight, the legislator or court practice have laid down special modified rules of civil law in most developed countries. In the course of time, these rules became part of public law / administrative law. Thus, the French legal order has best developed the rules of the public contractual law and the legal institute of the administrative contract that the Slovenian administrative theoreticians try more and more to introduce also into our legal order.
KEY WORDS: • concession contract • concession partnership • public-private partnership • public interest • party equality principle • law of obligations
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Fras, Mariusz. "The Group Insurance Contract in Private International Law." Netherlands International Law Review 66, no. 3 (November 8, 2019): 507–35. http://dx.doi.org/10.1007/s40802-019-00146-2.
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Abstract The provisions on obligations under insurance relationships included in Article 7 of the Rome I Regulation are relatively complicated. However, although individual insurance contracts have their own legal regime in each Member State, only a few national legislators have decided to lay down the consequences of concluding a group insurance agreement. The Rome I Regulation does not include any special conflict of laws rule concerning group insurance contracts, which has been criticized in the literature on the subject.
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Shehata, Ibrahim. "The extension of arbitration agreements to third parties through the lens of Egyptian courts." Arbitration International 36, no. 4 (May 3, 2020): 571–81. http://dx.doi.org/10.1093/arbint/aiaa013.
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Abstract Extending arbitration agreements to third parties has long been a recurring debate in the world of international commercial arbitration. There are various mechanisms by which an arbitration agreement might be extended to third parties. This includes the doctrines of group of companies, group of contracts, universal succession, and assignment of contracts. The fact that the Egyptian Arbitration Law—alike most arbitration laws—does not deal specifically with this issue leaves a gap to be filled by the courts. This article tries to analyse and synthesize the various decisions rendered by the Egyptian courts in an attempt to identify their stance in this area. In this regard, this article will first discuss the privity of contracts from an Egyptian legal perspective, then will delve into the various constructs and mechanisms that could be utilized under Egyptian law when it comes to the extension of arbitration agreements to third parties. Special attention will then be paid to a specific issue, namely the extension of arbitration agreements under a contract to the letters of guarantee issued in connection with the same contract.
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Savchuk, Sergiy. "Special aspects of legal regulation of fixed-term employment contracts of some European countries." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 286–90. http://dx.doi.org/10.36695/2219-5521.2.2020.54.
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The article is devoted to the study of foreign experience in legal regulation of fixed-term employment contracts. Fixed-termemployment contracts should be considered as one of the earliest and, accordingly, the oldest forms of non-standard employment. Tur -ning to the concept of the application of fixed-term employment contracts in Ukraine in the near future, it seems appropriate to consider the possibility of their further development through the prism of studying European experience. Indeed, in many European countriesthe fixed-term contracts are quite common and therefore analysis of both positive and negative examples of their legal regulation willbe useful for the future development of labour legislation in Ukraine.The article features an analysis of the relevant legislation of the United Kingdom, Estonia, Italy, Poland and France. It is concludedthat the membership of these states in the European Union has had a significant impact on the evolution of national labour le -gislation. This also applies to the United Kingdom, which had been part of this economic and political union for a long time.The transposition of EU legislation into national law by these countries predetermines the existence of common features betweenthem in the legal regulation of fixed-term employment contracts. This common features include: clear time limits of the employmentcontract, maximum allowable number of renewals enshrined in law, compliance with the principle of non-discrimination, etc.In turn, the implementation of fixed-term employment relationships in each country differs in its uniqueness, which is due to thedomestic tradition of their implementation. For example, in the United Kingdom, the dismissal of an employee due to the expiration ofthe employment contract is considered through the lens of fairness of the employer’s actions, while in Italy the number of fixed-termemployment contracts with a particular employer cannot exceed 30 %.The above circumstances should be taken into account by Ukraine when reforming labour legislation. Indeed, the need to implementCouncil Directive 1999/70/EC is clearly provided for in clauses 1139 and 1140 of the Action Plan for the implementation of theAssociation Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and theirmember states, on the other hand, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1106, of 25.10.2017.
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Momen, Mohammad Hussein, and Hussein Rahmatollahi. "The Principle of Continuance in Public Service Contract." Journal of Politics and Law 9, no. 8 (September 29, 2016): 6. http://dx.doi.org/10.5539/jpl.v9n8p6.
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If we consider the aim of administrative goal to procure public interest and the necessity of its continuance, the limitation of its descriptive and executive principles in private law frameworks will be serious barriers against its realization. Administrative contracts with their special legal regime based on such principles of preference, authority and support which indicates the upper hand of public contract parties are described by the same basis. Public service principles which should be considered as extracted from the judicial verdicts of French governmental council are, <em>inter alia</em>, executive and descriptive foundations of public contracts. The principle of public service continuance with its legal functions and radical role in contract execution plays a vital role in realizing the goals.
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Staniszewska, Lucyna. "Zagadnienia konstrukcyjne umów publicznoprawnych." Studia Prawa Publicznego, no. 3(27) (September 15, 2019): 139–57. http://dx.doi.org/10.14746/spp.2019.3.27.6.
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The formulation of legal provisions by the administration does not have to take the form of administrative decisions. One of the legal forms of the administration is public-law contracts. This is one of the forms of administration which still requires a further scientific analysis. Contracts are useful instruments, and therefore it may be worth looking at their different types and construction. They may be classified according to the parties to the legal relationship created. There are two types of contracts, i.e. between administrative bodies and between an administrative body and an entity. The doctrine refers to contracts of the latter type as administrative and legal agreements. Such agreements have developed in the Polish legal order after the systemic changes. Unfortunately, the legislator has not provided their legal definition, they are regulated in special laws, most often by indicating contractual provisions constituting essentialia negotii. The doctrine does not explicitly define the character of the contracts concluded by the administrative body and its contractor, nor has the final characteristics of the content of contracts in the administration as a whole been made. There is still a lack of consensus as to the construction of public law contracts and the rules governing them. There is an urgent need to regulate the essence of administrative contracts, and in particular to indicate their construction and legal nature, in order to better protect legal entities entering into them. The purpose of public-law contracts is to improve the quality of administration, and increase the efficiency of administrative activities. More administrative contracts also mean higher decentralisation of the state. Moreover, the idea of extending the use of public-law contracts is consistent with the principle of the participatory role of citizens in achieving public effects. The Polish legislator may draw on the regulations of other countries, for instance Germany, where public-law contracts have received legal definitions.
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Hryniak, Andrii B., and Oleg B. Hryniak. "Contractual grounds for the emergence of housing ownership." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 1 (March 24, 2021): 115–27. http://dx.doi.org/10.37635/jnalsu.28(1).2021.115-127.
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The study provides the theoretical analysis of such secondary grounds for the emergence of housing ownership as civil law contracts. It is established that a civil law contract constitutes the most common basis, which delineates the general will of the contracting parties in a single expression of will, aimed at the transfer of housing ownership. There is a good reason that the contract constitutes a legal fact, a form of legal relations, a document that consolidates the rights and obligations of the parties, and the regulator of the relationship of transfer of housing. The study analysed and proposed to supplement the current system of civil law contracts as grounds for the housing ownership by such contractual forms as a pledge agreement (mortgage), donation agreement, a hire-purchase agreement, inheritance agreement, and marital agreement. In addition, the study established the differences between the housing barter contract and the housing exchange contract. The authors emphasised the imperfections of the current legislation in this regard and concluded that these contractual structures have different legal nature, because the barter agreement serves as the basis for the housing ownership, and the exchange agreement serves only as the basis for the right of use. Distinguishing the gift agreement as the basis for the ownership of housing and wills, it was concluded that the gift agreement may be concluded in the event of the donor’s death in the future, as the law does not make provision for such a prohibition. That is, the contracting parties may stipulate in the housing gift agreement that the housing passes to the donee from the moment of death of the donor. Special attention is paid to the features of the gift agreement as the basis for the housing ownership, which is reflected in the right of the donor to determine the purpose of use of housing, which is transferred to the ownership of the person under the contract. The purpose stated in the gift agreement must correspond to the purpose of the housing. The study considered the specific features of inheritance and marriage contracts as grounds for the emergence of ownership of housing. Civil law contracts are proposed as a basis for the emergence of housing ownership to be classified as housing purchase and sale contracts; housing barter agreements; perpetual maintenance agreements; housing rental agreements; housing gift agreements; housing mortgage agreements; housing donation agreements; hire-purchase agreements; inheritance agreements; marital agreements; construction agreements; agreements on joint activities
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Markevich, Natalia Vasilyevna. "Civil contracts in the area of air transportation: concept, characteristics, classification." Право и политика, no. 7 (July 2020): 35–60. http://dx.doi.org/10.7256/2454-0706.2020.7.33150.
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The subject of this research is the concept, characteristics and interrelation of contracts in the area of air transportation. The article is dedication to understanding of legal nature and key elements of air contracts, specificity of their theoretical and practical application, classification; as well as aimed at creation of integral concept of regulatory system. Such understanding is acquired from a broad context of civil law literature and case law. Reference to the provisions of civil law doctrine allowed presenting an original view upon the subject matter, and propose recommendations on the improvement of aviation legislation. The main conclusion consists in the fact that civil law regulation of contracts in the area of air transportation is characterized by the existence of special contracts with peculiar features, which define the content of aviation legislation. With regards to each contractual construct, there emerge various question not only from the perspective of legal regulation and law enforcement (overbooking in the contract of air transportation of passengers), but also scientific approaches toward determination of the concept and nature of a particular contract (qualification of the shipping agreement as a bilateral or multilateral, legal nature of the shipping agreement for air cargo). The absence of universal understanding and interpretation of concept, contradiction of legislation, existence of legal gaps do not contribute to uniformity of aviation legislation, making it complicated for studying and application. The author also reviewed draft laws on regulation of air transportation and separate clauses thereof. Presented analysis reflects only few problematic aspects in the area of air transportation. The acquired results can be used in theoretical legal research, as well as legislative and practical activities.
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Safarli, Nizami. "Smart Contract: The Concept, Legal Nature, Features of Conclusion and Execution." Legal Concept, no. 4 (December 2019): 54–60. http://dx.doi.org/10.15688/lc.jvolsu.2019.4.7.
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Introduction: the paper is devoted to a new phenomenon in business activity in the conditions of IT development that contribute to the creation of secure contractual relations on the Internet on the basis of transactions executed through smart contracts. The author notes that the need for amendments that could fill the loopholes in the current legislation is obvious. And, first of all, it concerns Blockchain technology – the algorithm that mediates the safe development, conclusion and execution of smart contracts. Blockchain technology is considered in the paper as one of the safest means for concluding and executing smart contracts. The author argues that the study of the concept, legal nature and essence of smart contracts is relevant in the light of spreading their share in the total array of transactions in the world economy in conjunction with the changing domestic legislation governing the relevant sphere, as well as the international integration processes affecting the intensification of foreign economic activity of the Russian Federation. The smart contract concepts formulated by the Russian legislator in the process of upgrading the array of statutory regulation under conditions of economy digitalization are studied and compared. The features of conclusion and protection of the smart contract in the civil legislation of the Russian Federation are analyzed. In order to fully articulate the concept of the smart contract, reflecting its essence, functional purpose and legal nature, it is proposed to create a special law that would focus on the conclusion and implementation of “the smart contract” and the specification of the general norms of the civil code. At the same time, the norms of other special laws would supplement and correct the provisions fixed by this act depending on the sphere of managing and the legal regulation branch. The concept of the smart contract is formulated; its value for economic and contractual activity, and also the advantages and disadvantages of its application are established. The possible classifications of smart contracts are given.
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CRETU, Georgeta, and Camelia SPASICI. "THE SUPPLY CONTRACT: A SIMPLE SALE OF GOOD?" Jurnalul de Studii Juridice 15, no. 3-4 (December 20, 2020): 43–53. http://dx.doi.org/10.18662/jls/15.3-4/74.
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This paper aims to address two objectives: in general, to briefly outline the particularities of the supply contract and, in particular, to distinguish its position among the special civil law contracts. The supply contract is a new production of the Civil Code (art. 1166-1771). In this respect it is important to differentiate the supply contract from the other two civil law contract, namely the sale contract and the subcontracting agreement. By defining the contract we aim at establishing its legal nature, particularly that of an independent (distinct) agreement. This paper is structured as follows: “Introduction”; “The Supply Contract. Definition, Object and Legal Characteristics”; “The Parties’ Obligations According to the Supply Contract”; “Modifications of the Legal Supply Relationships. Subcontracting.”; “Supplying: an Independent (distinct) Contract or a Different Form of Sale?” This legal undertaking ends with a lege ferenda and conclusions.
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Bogdanova, E. E. "Problems of Smart Contracts Application in Transactions in Virtual Property." Lex Russica, no. 7 (July 31, 2019): 108–18. http://dx.doi.org/10.17803/1729-5920.2019.152.7.108-118.
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The author examines the features of the use of smart contracts in transactions in virtual property, taking into account the fact that the smart contract is a way of fulfilling those obligations in which the transfer of property provision takes place in the virtual world with the help of appropriate technical means. It should be recognized that the list of virtual property is open, at the moment it includes, for example, cryptocurrency, domain names, «game property», virtual tokens.The question of the legal nature of objects related to virtual property is relevant: are they a new independent type of property requiring special legal regimes, or are they a form of known property rights? The paper also notes that smart contracts differ in both vulnerabilities in computer code and insufficiently effective legal regulation. Smart contract, in the opinion of the author, is a kind of written (electronic) form of a contract, the peculiarity of which is that the will of the subject is expressed by means of special technical means in the form of program code. In this case, the will to conclude the contract simultaneously means the will to its execution upon the occurrence of certain conditions of the contract circumstances.In conclusion, the author shows that the automation of performance of obligations in particular and the digitization of contract law in general should not create obstacles to the implementation of the fundamental principles of good faith and contractual justice, to assess the proportionality of the distribution of rights and obligations of the parties, the equivalence of their property.
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Rackevičienė, Sigita, Giedrė Valūnaitė Oleškevičienė, and Gabrielė Galkutė. "Equivalence of Lease and Tenancy Terminology in English and Lithuanian." Linguaculture 2016, no. 2 (December 1, 2016): 73–93. http://dx.doi.org/10.1515/lincu-2016-0013.
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Abstract Prompted by globalization and the importance of international communication in the legal sphere, legal language acquires an increasing importance. Contract law draws special attention in the EU and worldwide, and raises a demand for harmonization of the legal terminology of different languages and legal systems. Contracts in Anglo- Saxon and Lithuanian law have similar basic elements; however, they also contain significant differences which are determined by the regulations of the legal systems in which contracts are formed. The terminology used in the contracts also presents important peculiarities. The article focuses on the terminology of lease and tenancy agreements and provides results of the contrastive semantic analysis, the aim of which is to establish the degree of equivalence of the collected English terms and their Lithuanian counterparts. All investigated English terms have synonyms, which makes the task even more complex, as most of such synonyms have certain semantic differences and may be used interchangeably only in certain contexts. The findings of the research are believed to be valuable to legal translators, as well as compilers of legal dictionaries and databases.
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Makhnovsky, Dmytro. "Directions of legislative regulation of the intellectual property rights distribution in R&D contracts, financed from the state budget, in the newly independent states (NIS)." Legal Ukraine, no. 10 (November 27, 2020): 28–33. http://dx.doi.org/10.37749/2308-9636-2020-10(214)-4.
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The article analyzes the legislative regulation of the distribution of intellectual property rights in contracts for research and development, which are funded in whole or in part from the state budget, in the newly independent states: Ukraine, Belarus, Kazakhstan, Russia,Areas of legislative regulation in the newly independent states (Ukraine, Belarus, Kazakhstan, Russia) the distribution of intellectual property rights in R&D contracts, funded in whole or in part from the state budget. Settlement of distribution of intellectual property rights in R&D contracts, financed from the state budget, in the NIS countries is carried out through general regulation, covering all subjects of legal relations, and the adoption of special acts — to finance R & D from the budget. At the level of special legislation, there are differences between countries both in the system of legislation and in the presence of model agreements for the implementation of R & D. Also, principle of the Bai-Dole Act and EU regulations on the research Framework Programs, that ownership of IPR rights belongs to the contractor, is fully implemented only in Ukraine. It is important for the Ministry of Education and Science of Ukraine to develop a special model agreement for case, when research and development are being funded in whole or in part from the state budget. This Model agreement should contain options for the distribution of intellectual property rights and shall bring the provisions of model agreements on conducting research and development in accordance with the Art.11 of the Law of Ukraine «On state regulation of activities in the field of technology transfer» and Art. 64 of the Law of Ukraine «On scientific and scientific-technical activities». Key words: contracts for research and developments, intellectual property, rights to results of research developments.
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Ditrih, Stefan, Svetlana Marković, and Olgica Milošević. "Change of Circumstances and Force Majeure Clauses in Serbian Legal System and Sources of International Uniform Law." Economic Themes 57, no. 1 (March 1, 2019): 67–86. http://dx.doi.org/10.2478/ethemes-2019-0005.
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AbstractThe effects of globalisation are many. One of them is the effect that globalisation has on commercial contracts and contractual relations between contracting parties. Due to a fast pace of economy and the speed and volume of the conclusion of contracts in international trade, participants must rely on stable and reliable legal framework for contractual obligations. In globalised economy, traders from different countries bring with them individual trade practices and norms of national legislation, often diametrically opposed, and sometimes the legal institutes that are regulated in one country don’t even exist in another. This is the case with the institutes of force majeure and a change of circumstances. Due to large differences in the regulation of these two institutes in national legal systems, there have been demonstrated some attempts of standardisation and creation of a unified system of exemption from liability for non-performance, due to force majeure or a change of circumstances. This problem becomes even more evident when dealing with the long term contracts, which are prone to the effects of unforeseen circumstances. This paper aims to explore the nature of the above mentioned legal institutes in some of the most important sources of international commercial law. With a special attention paid to the Serbian regulatory solutions, in order to further understand the similarities and differences between the national legal systems and sources of international law. The first part of the paper deals with applicable legal framework in Republic of Serbia, concerning force majeure and a change of circumstances. The second part of the paper deals with the international sources of commercial law, such as UN Convention on Contracts for the International Sale of Goods of 1980; UNIDROIT Principles of International Commercial Contracts; Principles of European Contract Law; Draft Common Frame of Reference; and Common European Sales Law.
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Jurčová, Monika, and Kristián Csach. "Unfair Contract Terms Protection in Slovakia." osteuropa recht 66, no. 1 (2020): 163–81. http://dx.doi.org/10.5771/0030-6444-2020-1-163.
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The unfair contract terms protection in Slovakia is currently regulated by a system of rules in the Slovak Civil Code; the path to the current extent of consumer protection has not been very straightforward. This article analyses the legislative framework on unfair terms, and questions of law enforcement. It further outlines selected issues and empirical evidence in the context of “surprising contract terms,” transparency of a contract term, legislative power of the judiciary, it discusses the controversial of the German approach to resolve conflicts revolving around unfair clauses. The article concludes that the current Slovak regulation of unfair terms in consumer contracts seems to fulfil the requirements set by the UCTD; however, all in all, Slovakia’s national regulation remains fragmented in the Civil Code, the Act on Consumer Protection and special sectoral regulation and supplemented by special procedural regulation.
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McHale, J. V., D. Hughes, and L. Griffiths. "Disputes in the NHS Internal Market: Regulation and Relationships." Medical Law International 2, no. 3 (September 1996): 215–27. http://dx.doi.org/10.1177/096853329600200302.
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An important element in the NHS internal market, introduced by the national health Service and Community Care Act 1990, was the “NHS” contract — an agreement between purchasers and providers who were within the NHS but who were not in a direct management relationship to each other. The framers of the legislation intended that such contracts should be excluded from judicial enforcement and instead be subject to a special statutory dispute resolution procedure. This paper examines those factors which have impacted upon the resolution of NHS contractual disputes in practice drawing upon empirical research undertaken as part of an ERSC funded study.
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Południak-Gierz, Katarzyna. "Consequences of the Use of Personalization Algorithms in Shaping an Offer – A Private Law Perspective." Masaryk University Journal of Law and Technology 13, no. 2 (September 30, 2019): 161–88. http://dx.doi.org/10.5817/mujlt2019-2-2.
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Personalization mechanisms in consumer e-commerce allow for the adjustment of the time, form and manner of contact, the way of concluding the contract and the availability and content of the offer. Subsequently concluded agreements can be seen as a new phase of development of the consumer transaction model – secondary individualization replaces standardization. The possibility of concluding contracts on a massive scale is retained, but with added granularity and flexibility that mimic the individualisation of transactions. Special provisions for personalized contracts are missing on the EU level and within the Polish legal system.The starting point is an analysis of the reaction of the traditional private instruments of Polish law towards the personalization of offers – case law and doctrinal approach towards the concept of a standard contract and an individually negotiated one are examined. Next, the pre-contractual stage is investigated – the personalization process is explored from the perspective of unfair practices regulation, and the legal basis for the personalization process in the context of the GDPR is discussed. While Polish national law focuses on combating the undesired results of personalization, the EU initiatives aim at granting ex-ante protection. The mechanism in directive 2005/29/EC is being supplemented with an information protection mechanism (consent requirement). The limitations of this model are identified and some alternative solutions are proposed.
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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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Árva, Máté. "A Digitális Egységes Piaci Stratégia szerződési jogi hatásai a magyar polgári jogra." Debreceni Jogi Műhely 14, no. 3-4 (December 30, 2017): 108–20. http://dx.doi.org/10.24169/djm/2017/3-4/8.
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The necessity of framing contract law fulfilling the expectations of the digital era is among the main purposes of the Digital Single Market Strategy, that has been introduced by the European Committe in 2015. Within the Strategy two directive proposals have been presented: the directive of the European Parliament and of the Council on certain aspects concerning contracts for the supply of digital content and the directive of the European Parliament and of the Council on certain aspects concerning contracts for the online and other distance sales of goods. These include the concept of conformity with the contract, the meaning of which raises several questions to be answered regarding the Hungarian legal system.
My treatise focuses on the investigation of the criteria of conformity with the contract with special regard to the definiton of the directive proposals. In the first place I outline the elements of conformity with the contract, then I attempt to create a comprehensive definition of it. Thereafter I analyse the rules of the Hungarian Civil Code that are connected to the category of the conformity. Furthermore, I investigate the necessity of the integration of the conformity with the contract into the the Hungarian civil law. Finally, I present a future legislative concept that could be regarded as a possible way of adaptation of this legal category.
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Humaemah, Ratu. "Persyaratan Khusus Dalam Ragam Akad Syirkah Pada Literatur Fikih Mazhab." Ulumuddin : Jurnal Ilmu-ilmu Keislaman 9, no. 1 (November 23, 2019): 61–80. http://dx.doi.org/10.47200/ulumuddin.v9i1.282.
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Adjustment of the application of syirkah in sharia banking goes straight with regard to the Quran, Sunnah, fikih school in order to formulate the objectives of Islamic law in it. This is a research on historical literature and fiqh norms about special requirements in a variety of existing syirkah covenants. The understanding of language from syirkah is still permeated by various meanings in the four fiqh school. Both have the same pressure on the existence of mixing assets and contracts. two categories of forms, namely: Syirkah al-Amlak (alliance due to ownership) and Syirkah al-’uqūd (alliance due to a contract). The requirements in each form of syirkah contract are not merely those that always exist in the general understanding of syirkah. Each form can have special requirements tailored to the situations and conditions that support the willingness of each party in the Syirkah contract.
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Ho, Adrienne. "The Treatment of Ipso Facto Clauses in Canada." McGill Law Journal 61, no. 1 (March 2, 2016): 139–89. http://dx.doi.org/10.7202/1035387ar.
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Whether a debtor is an individual or a sophisticated financial institution, a common issue that arises is whether its insolvency alters the rights of the parties with whom the debtor has entered into contracts. Could the non-defaulting party to the contract, on the basis of the debtor’s insolvency, terminate or amend the contract? Could it demand accelerated payment? Many parties preserve contractual rights, through what are commonly known as ipso facto clauses, to terminate and amend contracts or to demand an accelerated payment in the event that a counterparty to the contract becomes insolvent. Despite recent amendments to the Bankruptcy and Insolvency Act (BIA) and the Companies’ Creditors Arrangement Act (CCAA), the validity of ipso facto clauses, outside the context of derivatives contracts, is an issue that has not been thoroughly addressed in the Canadian literature. This article will trace the anti-deprivation rule in England, culminating in the United Kingdom Supreme Court’s leading case: Belmont Park Investments PTY Ltd. v. BNY Corporate Trustee Services Ltd. and Lehman Brothers Special Financing Inc. It will then explore to what extent recent amendments to the BIA and the CCAA have displaced the common law rule in Canada. Both the BIA and the CCAA have nullified ipso facto clauses in some but not all situations, the most notable exceptions being cases involving corporate bankruptcies and receiverships. This article will conclude with a discussion of the codified exceptions to the common law principles and whether the Canadian jurisprudence might incorporate some of the modifications to the anti-deprivation rule introduced by Lord Collins in Belmont.
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al-Shami, Abdullah Muhammad. "Intentions and their Effects on the Legality of Dispositions and Contracts." Journal of Qur'anic Studies 4, no. 1 (April 2002): 130–41. http://dx.doi.org/10.3366/jqs.2002.4.1.130.
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In Islamic law judgements on any human action are usually evaluated in terms of the intention involved. Accordingly, the rules of substantive issues have to be accommodated under the basic principles of Islamic jurisprudence. The understanding of these principles by the juristic scholar is highly rewarding because it will lead the muftī to the right path in deriving legal opinions from the original sources. The basic principle of Islamic jurisprudence, which stipulates that ‘all actions depend on intentions,’ has played an important role in the construction of Islamic jurisprudence. Moreover, this rule has a special place in the theory of Islamic legal contract. So what is the effect of intention in the validity of human actions and legal contracts? It is known that pure intention has significant effects on spiritual worship and legal contracts of transaction. It also gives guidance for earning rewards from Almighty Allah. This article concentrates on the effect of intention in perpetual worship, the concept of action and intention in Islamic legal works, the kind of contract with all its components, and the jurists' views on the effects of intention in human action and legal contract along with their discussion and counter-arguments.
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Yevstafyeva, Yulia V. "Using Contract Forms of Cooperation Between the Business and the State for Strategic Planning Documents Implementation." Economic Strategies 144 (June 20, 2020): 126–33. http://dx.doi.org/10.33917/es-4.170.2020.126-133.
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Nowadays economic development governance needs immediate restructuring in accordance with institutional requirements of the new technological mode and world-economy system. The shift to these systems is intermediated by the world financial-economic crisis aggravation. The article considers an promising and qualifying arrangement of the state and the enterprises — contracting mutual obligations. There is a detailed review on a recently implemented in the law framework instrument — agreements on protection and encouragement of capital investments. It is suggested to enhance existing set of tools for strategic planning realisation with the multilateral special agreements — target contracts. Parties to contract can be not only public-law entities but also banks, development institutes, educational and scientific institutions.
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GORBACHEV, Sergei A. "ON SPECIAL CONTRACTUAL STRUCTURES AND THEIR POSITION IN THE SYSTEM OF CIVIL LAW CONTRACTS." HERALD OF THE RUSSIAN LAW ACADEMY, no. 3 (2020): 107–14. http://dx.doi.org/10.33874/2072-9936-2020-0-3-107-114.
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NIKOLAJCHUK, T. O., and N. I. KHUMAROVA. "CONTRACT - A TOOL FOR IMPROVING MANAGEMENT OF THE NATURAL RESERVE FUND." Economic innovations 20, no. 1(66) (March 20, 2018): 148–61. http://dx.doi.org/10.31520/ei.2018.20.1(66).148-161.
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Topicality. Market transformations in the country's economy caused the need to revise the labor relations institute from the economic development point of view. Particular importance was the theoretical reassessment labor relations institutional: the old labor law institutes, which corresponded to the administrative command system, must transform to new ones, that contain market needs. One of such labor relations institutes are contractual relations between the employer and the employee, which allow to personalize the labor relations as much as possible, consider the economic interest of both parties, and protect as far as possible the mutual interests and rights. Aim and tasks. The aim of the article is represented the main tendencies and realities of using an employment contract in Ukraine's companies, which is signed in the standard form. The current legislation gaps of the contract using are considered as a special employment contract form with the companies leaders and other employees categories, depending on the specifics enterprise's activity or belonging to the management sphere. The preconditions for the special legislation implementation are determined during the labor contracts conclusion with the Ukrainian's nature reserve fund enterprises heads. The personal responsibility for environmental protection legislation and violation conditions are considered. Proactive and experienced specialists are established an extensive system of allowances and one-time incentives. Research results. In this article we have reviewed the implementation preconditions during the labor contracts' conclusion with the enterprises' heads of the Ukrainian nature reserve fund. We have considered the responsibility personalization conditions for environmental legislation violations with the definition of socio-economic components. For example, the contract may also stipulate social and living conditions, such as the garden plot allocation, a car, living conditions improvement, the share sale at par value, the social pensions surcharges establishment, protection against inflation processes and so on. Also it may be envisaged an employee to move another area. Conclusions. A contract can give the chance to more people to realize their work abilities on the most favorable conditions, to build the civil society foundations and the legal capitalist state. Contract's application can detail the labor relations, the system of economic incentives and encouragement, protects the rights of both employee and employer, and also provides an opportunity to assess the mutual responsibility's degree.
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Buang, Ahmad Hidayat. "Islamic Contracts in a Secular Court Setting? Lessons From Malaysia." Arab Law Quarterly 21, no. 4 (2007): 317–40. http://dx.doi.org/10.1163/026805507x247590.
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AbstractThe judgement in the Kuala Lumpur High Court in the case of Affin Bank Berhad v. Zulkifli Abdullah ([2006] 1 CLJ 438) illustrates the difficulty in cases where Islamic principles such as Bay' Bithaman Ajil or BBA are litigated in a court of law where Islamic Shariah is little understood. From the traditional Islamic law perspective the legal basis arrived at in the judgement is questionable. In the light of this complexity, this article attempts to analyse the effect of the judgement to the principles of Islamic contracts used in banking products and services in Malaysia with reference to the sources used in the creation of the contracts and forum to settle disputes between Islamic Banks and their customers. In conclusion, this article would argue for the appropriate application of the Shariah in the above matters through the promulgation of a specific law in relation to Islamic contracts in banking and finance or alternatively a special procedure to be introduced enabling all matters relating to the question of Shariah be referred to the Shariah Courts for decision.
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Kennett, Wendy. "IV. Recognition of Judgments and Authentic Instruments under the Brussels Convention." International and Comparative Law Quarterly 48, no. 4 (October 1999): 972–75. http://dx.doi.org/10.1017/s002058930006382x.
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That question remains open following Case C–99/96 Mietz v. Intership Yachting Sneek BV16 a more recent decision that raises some similar issues but continues to confine its attention to interim payments. The applicant was appealing against a German order for enforcement of a Dutch judgment ordering interim payment in kort geding proceedings. The applicant argued that the underlying contract was covered by the special provisions on consumer contracts in Articles 13 et seq. of the Brussels Convention. Therefore failure to observe the rules of jurisdiction in Articles 13 et seq. was a ground for non-recognition of the Dutch judgment. The contract was for the sale of a luxury yacht, to be paid for in five instalments during its period of construction and trial. A written contract was signed in the Netherlands, but the applicant alleged for the first time in the German proceedings that the contract was negotiated at a boat show in Germany and an oral contract was made there.
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Юдін, З. М. "АНТРОПОЛОГІЧНІ Й АКСІОЛОГІЧНІ ДЕТЕРМІНАНТИ ПРАВОВОГО КОНТРАКТ И ВІЗМУ." Наукові праці Національного університету “Одеська юридична академія” 14 (May 23, 2019): 332–40. http://dx.doi.org/10.32837/npnuola.v14i0.343.
Full textAbstract:
У статті розглядаються методологічні аспекти використання юридичної антропології й аксіології під час формування основоположних ідей правового контрактивізму. З точки зору антропології показано, що договір формус особливу сферу неофіційного права. Аксі-ологічний підхід використовується для обґрунтування системи властивостей договору б сучасному праві.
The article deals with the methodological aspects of the use of legal anthropology and axiology in Forming the fundamental ideas of legal contractivism. From the perspective of anthropology it is showed that contracts create a special sphere of informal law. Axiological approach is used to study the system of the features ot contracts in modern law.