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Zeitschriftenartikel zum Thema „Contracts“

Autor: Grafiati

Veröffentlicht am 4. Juni 2021

Zuletzt aktualisiert am 25. Juli 2025

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1

Kim, Deborah B., Edward D. White, Jonathan D. Ritschel, and Chad A. Millette. "Revisiting reliability of estimates at completion for department of defense contracts." Journal of Public Procurement 19, no. 3 (2019): 186–200. http://dx.doi.org/10.1108/jopp-02-2018-0006.

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Purpose Within earned value management, the cost performance index (CPI) and the critical ratio (CR) are used to generate the estimates at completion (EACs). According to the research in the 1990s, estimating the final contract’s cost at completion (CAC) using EACCR is a quicker predictor of the actual final cost versus using EACCPI. This paper aims to investigate whether this trend stills holds for modern department of defense contracts. Design/methodology/approach Accessing the Cost Assessment Data Enterprise (CADE) database, 451 contracts consisting of 863 contract line item numbers (CLINs)

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Onufreiciuc, Raluca, and Lorena-Elena Stănescu. "Regulation of the Smart Contract in (Romanian) Civil Law." European Journal of Law and Public Administration 8, no. 2 (2021): 95–111. http://dx.doi.org/10.18662/eljpa/8.2/164.

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The research aims to organize, examine, and analyze the provisions on smart contracts available in Romanian civil law. “Smart contracts” are not smart, and are not necessarily contracts, although they can be. As self-executing computer programs, smart contracts are operational on the blockchain and unlike traditional legal contracts, once the agreement has been concluded and the smart contract is set in motion, no party can intervene and it will be executed without interruption, modification, or breach. The crucial question in the final contract law topic is what happens when the smart contrac

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Papp, Tekla. "Legal Dogmatic Questions about the Impact of the European Union’s Digital Legislation on Hungarian Contract Law." Juridical Tribune - Review of Comparative and International Law 14, no. 1 (2024): 47–59. http://dx.doi.org/10.62768/tbj/2024/14/1/03.

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The complexity and flexibility of contract law, and its ability to meet various social, economic and technical-technological needs, are indicated by a number of theories (approaches) that offer a new approach to the processing of contracts. Among the predominant theories one might include the following: overview of contracts from a constitutional and human rights approach2; deriving from this the contracts related to private and family life (intimate contracts)3; by connecting the concepts of contract law and property rights, exploring the specific characteristics of existing contracts4; filli

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Murphy, Kevin J. "Determinants of Contract Duration in Collective Bargaining Agreements." ILR Review 45, no. 2 (1992): 352–65. http://dx.doi.org/10.1177/001979399204500211.

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The author develops a model incorporating variables that previous studies have hypothesized as determinants of labor contract duration, then empirically tests the model using a data set containing bargaining pair—specific, industry-specific, and union-specific variables on 373 contracts signed over the period 1977–87. Three findings, all consistent with the model, are that the rate of wage change in a contract is positively related to the contract's duration; contracts containing cost-of-living adjustments (COLAs) tend to be considerably longer in duration than contracts without COLAs; and ove

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Janssen, André, and Mateja Djurovic. "The Formation of Blockchain-based Smart Contracts in the Light of Contract Law." European Review of Private Law 26, Issue 6 (2018): 753–71. http://dx.doi.org/10.54648/erpl2018053.

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Abstract: This contribution examines the formation of (blockchain-based) smart contracts. The term smart contract is used to refer to software programmes which are often, but not necessarily, built on blockchain technology as a set of promises, specified in digital form, including protocols within which the parties perform on these promises. It is regularly said that smart contracts are neither legal contracts in the traditional sense nor they are smart and that the term is therefore a misnomer. The crucial question this article is trying to answer is whether the traditional common law concept

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Liang, Ruichao, Jing Chen, Ruochen Cao, et al. "SmartShot: Hunt Hidden Vulnerabilities in Smart Contracts using Mutable Snapshots." Proceedings of the ACM on Software Engineering 2, FSE (2025): 65–85. https://doi.org/10.1145/3715714.

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Smart contracts, as Turing-complete programs managing billions of assets in decentralized finance, are prime targets for attackers. While fuzz testing seems effective for detecting vulnerabilities in these programs, we identify several significant challenges when targeting smart contracts: (i) the stateful nature of these contracts requires stateful exploration, but current fuzzers rely on transaction sequences to manipulate contract states, making the process inefficient; (ii) contract execution is influenced by the continuously changing blockchain environment, yet current fuzzers are limited

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Demark, Armando, and Josip Dešić. "PRIVIDNI UGOVORI IZMEĐU NIŠTETNOSTI I NEPOSTOJANJA." Pravni vjesnik 39, no. 3-4 (2023): 7–29. http://dx.doi.org/10.25234/pv/25648.

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In this paper, the authors discuss apparent contracts as regulated by Article 285 paragraph 1 of the Croatian Civil Obligations Act as a cause of either the nullity or the inexistence of the contract. In several recent decisions of the Supreme Court of the Republic of Croatia, one can notice the standpoint that apparent contracts are not null contracts, but inexistent contracts. The aforementioned standpoint resulted in the rejection of many claims for the determination of nullity of apparent contracts. Therefore, in the first part of the paper, the authors analyze the subject case-law, as wel

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Dagan, Hanoch. "Intimate Contracts and Choice Theory." European Review of Contract Law 18, no. 2 (2022): 104–26. http://dx.doi.org/10.1515/ercl-2022-2040.

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Abstract Contract is one of the key tools liberal law employs in the service of its core mission of enhancing people’s autonomy, and choice theory conceptualizes this task as contract’s telos. It thus prescribes three principles – proactive facilitation, regard for the future self, and relational justice – for guiding the legal constitution of contract law in all spheres of human interaction. Spousal contracts are no exception. Thus, the law governing intimate agreements both allows people to adjust the default rules governing their marital estates and provides people off-the-shelf options for

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Rudiansyah, Rudiansyah, and Syaiful Anam. "Akad Tidak Bernama Dalam Hukum Kontrak Bisnis Syariah." Jurnal Keislaman 6, no. 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

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Marina, Kozlova. "Peculiarities of legal language in civil law contracts concluded via the Internet." SHS Web of Conferences 69 (2019): 00067. http://dx.doi.org/10.1051/shsconf/20196900067.

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Informatization of the society leads to the fact that more and more often civil contracts are concluded between contractors who are far away from each other and they communicate only via the Internet. Peculiarities of legal language in contracts are studied. Moreover, contracts concluded by accepting public offers, exchanging messages, contracts concluded while purchasing goods and services in internet shops and using internet applications are studied. It is determined that the contracts concluded via the Internet do not have a unified text, signed by the sides, they contain links to other doc

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Christ, Margaret H., Karen L. Sedatole, and Kristy L. Towry. "Sticks and Carrots: The Effect of Contract Frame on Effort in Incomplete Contracts." Accounting Review 87, no. 6 (2012): 1913–38. http://dx.doi.org/10.2308/accr-50219.

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ABSTRACT In this study, we examine the effect of incentive contract framing on agent effort in an incomplete contract setting. Prior research suggests that when governed by complete incentive contracts, agents exert greater effort under penalty contracts relative to bonus contracts. However, in an incomplete contract setting, in which the incentive contract does not govern all tasks for which the agent is responsible, the agent's trust in the principal is relevant. In this setting, we predict that bonus contracts create a more trusting environment, and this effect spills over to tasks not gove

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Saeed, Muhammad Arif, and Aas Muhammad. "AUTOMATIZATION OF INTERNATIONAL LAW IN THE FOURTH INDUSTRIAL REVOLUTION THROUGH SMART LEGAL CONTRACTS." Pakistan Journal of Social Research 04, no. 01 (2022): 180–86. http://dx.doi.org/10.52567/pjsr.v4i1.634.

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Purpose – Smart contracts minimise transaction costs and boost efficiency. Smart contracts are costly, single-use, and inefficient. This study proposes a smart contract mechanism to address these issues. Design/methodology/approach – This study examines smart contract research history, models, and platforms to highlight their flaws. Based on typical contract content, a smart contracts model is built. Findings – This paper describes smart contract operation using several models. Decomposing smart contracts into sub-contracts facilitates global implementation. Then, smart contract benefits and d

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Hussain Hadi Abdulameer. "Future Contracts and Delayed Contracts." Technium Social Sciences Journal 60 (August 9, 2024): 71–79. http://dx.doi.org/10.47577/tssj.v60i1.11549.

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The contracts which are used by companies and investors to be careful of the risk or speculation of business are called future contracts & delayed contracts. Future & delayed contracts are considered as a good instance of etymological belongings that extract their values from the underlying belongings. A future contract is a unified legitimate deal to buy or sell something at a predetermined price and at a specific time in the future. The traded belonging is mostly a commodity or financial tool. The price which is pre-determined earlier and at which both parties are agreed upon (i.e. t

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Alexandrowicz, Piotr. "Paolo Comitoli SJ on Contracts." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 107, no. 1 (2021): 255–96. http://dx.doi.org/10.1515/zrgk-2021-0006.

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Summary Contract law in the early modern period has always been the subject of intensive research. The present article is intended as a contribution to this. It presents the contract doctrine of an Italian Jesuit, Paolo Comitoli. He was a moral theologian and author of the “Doctrina de contractu”. The paper begins with a biographical introduction and an overview of Comitoli’s writings. News about Comitoli’s life, however, is sparse and widely dispersed. The following section focuses on Comitoli’s concept of and his definition of contract. A brief explanation of Comitoli’s concept of contract a

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Hammam, Syafiq Dzikrul, and Efri Syamsul Bahri. "Comparison of Murabahah and Musyarakah Financing in Home Ownership." ITQAN: Journal of Islamic Economics, Management, and Finance 4, no. 1 (2024): 1–10. https://doi.org/10.57053/itqan.v4i1.56.

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This study aims to compare the Murabahah and Musyarakah models regarding homeownership financing. This study uses a qualitative method with a descriptive, comparative, and literature study approach. The results of this study indicate that Murabahah and Musyarakah contracts can be used to finance home ownership. In-home financing using Murabahah and Musyarakah contracts has similarities, including the type of sharia financing. The Financial Accounting Standards Statement (PSAK) used is also included in the sharia standard. The difference between the two home financing contracts is that the Mura

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Raeisi, Mohsen, and Saeid Sadeqi. "Feasibility of Contract Termination in Case of Economic Imbalance in Upstream Oil and Gas Contracts." Comparative Studies in Jurisprudence, Law, and Politics 6, no. 5 (2024): 297–310. https://doi.org/10.61838/csjlp.6.5.18.

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Upstream oil and gas contracts are among the most significant contracts, encompassing technical, economic, and other aspects. Their long-term and continuous nature, the necessity of substantial expenditures, the uncertainty of reservoir and market behavior, high risks and uncertainties, complexity, and multidimensional nature of the contracted commodity, along with the involvement of multiple private, state, and multinational actors, all contribute to increasing the risks associated with these contracts. The occurrence of unforeseen events may lead to changes and economic imbalance in the cont

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Wendra, Ario Wendra. "Study Of Raw Contracts in Electronic Contracts in The Digital Era Based on Indonesian Contract Law." Strata Law Review 2, no. 1 (2024): 20–50. https://doi.org/10.59631/slr.v2i1.103.

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Standard contracts in the digital era are made in the form of terms and conditions (terms of use) and electronic contracts (e-contracts) using digital signatures. As a contract user, you have no choice but to agree to the contract if you want to use the technology provider's facilities or refuse but cannot use the technology. There is no bargaining position or balance between technology providers and users. How is the Standard Contract Arrangement in Electronic Contracts in the Digital Age Based on Indonesian Contract Law? And how is the application of standard contracts in electronic contract

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Zainutdinova, Elizaveta V. "Legal Issues of Smart Contracts in Contract Law." Journal of Siberian Federal University. Humanities & Social Sciences 14, no. 11 (2021): 1626–34. http://dx.doi.org/10.17516/1997-1370-0845.

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The research is carried out on some legal issues of smart contracts and their place in Russian and other countries’ contract law. By means of contract law such issues are analysed: 1) conclusion and performance of smart contracts’ obligations; 2) practical issues arising due to smart contracts’ use; 3) contract law provisions that might be applied to smart contracts; 4) issues that are not covered by the legislation but need to be addressed. A smart contract is considered to be a contract with the specific type of performance of obligations (automated performance). Smart contract is a contract

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Li, Hanning, Hongyun Han, and Shiyu Ying. "Reputation Effect on Contract Choice and Self-Enforcement: A Case Study of Farmland Transfer in China." Land 11, no. 8 (2022): 1296. http://dx.doi.org/10.3390/land11081296.

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The prevailing informal contracts of farmland transfer in China are facing frequent disputes and defaults, which call for effective self-enforcement mechanisms operating through transactors’ reputations and social networks. However, the effects of reputation on contract choice and self-enforcement have not been thoroughly considered and examined by existing research in the case of farmland transfer. This study explores the reputation’s ex-ante signaling effect on farmers’ contract choices and the ex-post penalty effect on farmers’ performance in informal contracts. Based on 403 transfer contra

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Lee, Hong-Min. "A Study on Provisional Contracts in Real Estate Transactions." Korean Institute for Aggregate Buildings Law 48 (November 30, 2023): 109–40. http://dx.doi.org/10.55029/kabl.2023.48.109.

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In transaction practice, cases where a provisional contract is concluded first in the process of concluding a real estate sale or lease contract are not rare. However, not only is there no law governing provisional contracts, but also neither theories nor precedents have yet provided a consistent explanation of the concept and content of provisional contracts. Therefore, legal issues surrounding provisional contracts are still causing confusions. Diverse problems are occurring in relation to provisional contracts such as the question of when the main contract has been concluded in cases where

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Singh, Ravindra Kumar. "Are Smart Contracts Really Smart? Decrypting the Issues of their Legality, Enforcement and Interpretation." National Law School Business Law Review 10, no. 2 (2024): 7–44. https://doi.org/10.55496/vksc4447.

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Law has been effectually responding to the legal issues raised by technological advancements. It has indeed recognised electronic contracts (or e-contracts), i.e. the formation of contracts in electronic form or by means of exchange of electronic records. Currently, the contract law especially is confronted with unique challenges posed by smart contracts, which have the potential to produce manifold advantages. Smart contracts are computerised programs or ‘transaction protocols’ which automatically execute the terms of agreement upon the fulfilment of conditions recedent agreed upon by the par

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Rovniy, V. V. "The conclusion contract’s patterns (in memory of B. L. Khaskelberg)." Siberian Law Herald 1 (2023): 44–51. http://dx.doi.org/10.26516/2071-8136.2023.1.44.

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The article is dedicated to the comprehention of the existing conclusion contract’s patterns. A number of the Civil Code of the Russian Federation’s rules, including art. 433 and art. 434 (point 1, paragraph 2), other rules concerning the process conclusion of a contract – art. 1017 (points 2, 3), art. 1234 (points 1, 2), art. 1235 (points 1, 2) – was analysed. Questions of the necessary grounds of the conclusion a contract (offer, acceptance, passing a property), the act of registration in a contract, the contract’s form are scrutinized. A number of inferences was made, in particular: a) cons

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Alisa Ahmad, Azlin, Mat Noor Mat Zain, and Nur Diyana Amanina Zakaria. "A COMPARATIVE ANALYSIS OF SMART CONTRACTS AND ISLAMIC CONTRACTS." International Journal of Advanced Research 8, no. 10 (2020): 316–25. http://dx.doi.org/10.21474/ijar01/11859.

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A smart contract is a computer protocol contract of which its innovation rooted from the traditional contract. However, Sharia-compliant transaction necessitates a contract to fulfils all pillars of Islamic contracts in order smart contract can be accepted as an innovation of Islamic contracts. Thus, this paper aims to make a comparison between Islamic contracts and smart contract on blockchain. This paper is a qualitative research by adopting content analysis method to analyze some related topics. The pillars of Islamic contract are compared with the smart contract to ensure whether the smart

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Rovniy, V. V. "About the state registration of a contract and contract’s consequence." Siberian Law Herald 2022.2 (2022): 80–87. http://dx.doi.org/10.26516/2071-8136.2022.2.80.

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The article is dedicated to the wide circle of questions, connected with the state registration procedure foreseen for a number of contracts by the law. The registration objects’ pluralism and registrating bodies’ diversity are pointed to. The rule of p. 3 art. 433 Civil Code of the Russian Federation, a plenty of changes in the civil legislation in the connection with the registrating procedure in a contracts are comprehended. Particular attention is made to the consequences of registrating demand’s infringement for different registrating objects (obligatory and disposal contracts, contract’s

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Gonzalez, George C., Vicky B. Hoffman, and Donald V. Moser. "Do Effort Differences between Bonus and Penalty Contracts Persist in Labor Markets?" Accounting Review 95, no. 3 (2019): 205–22. http://dx.doi.org/10.2308/accr-52655.

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ABSTRACT Conventional economics assumes workers provide the same effort under penalty contracts and economically equivalent bonus contracts. However, prior research finds that although workers prefer bonus contracts, they provide more effort under penalty contracts. Given these findings, the prevalence of bonus contracts in practice is puzzling. If penalty contracts yield more worker effort, why would employers not use them more often? We conduct experimental labor markets to test whether the prior finding of more effort under penalty contracts than bonus contracts (i.e., the contract frame ef

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Carette, Nicolas. "Direct Contractual Claim of the Sub–buyer and International Sale of Goods: Applicable Law and Applicability of the CISG." European Review of Private Law 16, Issue 4 (2008): 583–605. http://dx.doi.org/10.54648/erpl2008047.

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Abstract: The issue explored in this work is which law should be applied to determine the admissibility or possibility of and, if appropriate, the assessment of a direct contractual claim of a sub–buyer against a former seller when a sequence of contracts of sale takes place in an international context and the sequential contracts are governed by different laws. Particular attention is paid to the impact of the United Nations Convention on Contracts for the International Sale of Goods (CISG) on this question. Although this article focuses mainly on Belgian and French Law where the competence o

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Sylvia Purborini, Vivi, and Ida Bagus Suryanatha. "DAMPAK DIGITALISASI TERHADAP HUKUM KONTRAK: ANALISIS TERHADAP PERJANJIAN SMART CONTRACT." Jurnal Magister Hukum Perspektif 15, no. 2 (2024): 57–68. https://doi.org/10.37303/magister.v15i2.117.

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Digitalization has significantly changed the way contracts are executed, especially with the emergence of smart contracts. The positive impact of digitalization on contract law cannot be denied, however, there are also challenges and controversies that need to be addressed wisely. Qualitative research methods will be the main approach in exploring the impact of digitalization on contract law in smart contract analysis. By utilizing observations and document analysis, this research will explore an in-depth understanding of the implementation of smart contracts in the context of contract law. Th

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Mohammed Hourani, Yesser Abdelkarim Karim, and Mohammed Ali ZARAI. "Investment in Financial Derivatives Contracts from an Islamic Perspective." International Finance and Banking 1, no. 1 (2014): 51. http://dx.doi.org/10.5296/ifb.v1i1.5442.

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This research aims at exploring the nature of financial derivatives (FD) and their associated activities, and thus highlight their legitimate rule from an Islamic Perspective. Although there are many kinds of financial derivatives, this research focuses on the discussion of only three basic contracts; namely options, futures and swaps contracts, because they represent financial contracts derived from financially stable instruments such as stocks and bonds. There is no doubt that the great importance of this research lies mainly in determining the nature of these contracts and knowing their leg

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Noer Hasanah and Anna Zakiyah Hastriana. "AKAD-AKAD DALAM ASURANSI SYARIAH." sahaja 3, no. 1 (2024): 243–56. https://doi.org/10.61159/sahaja.v3i1.174.

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Every transaction contained in Islamic insurance must use the contracts that have been determined. In Islamic insurance, contracts are written agreements that cover all relevant risks and thel obligations andl rights ofl the partiesl in accordancel with Islamic principles. The contract is an important component of the practice of Islamic insurance. Which in the contract is classified into several types, including Tabarrul 'Akad, Tijarahl Akad, Mudharabah Akad, Wakalahl bil Ujrahl Akad, and Mudharabahl Musytarakah lAkad. These contracts are agreements between insurance companies and their clien

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Nurjaman, Muhamad Izazi, Helmi Muti Sofie, and Istianah Istianah. "Transformasi Akad Natural Uncertainty Contracts: Analisis Akad Musyarakah Mutanaqishah (MMQ) di Lembaga Keuangan Syariah." TAWAZUN : Journal of Sharia Economic Law 5, no. 1 (2022): 92. http://dx.doi.org/10.21043/tawazun.v5i1.13871.

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<p>This research is motivated by the murabahah contract which is widely used by LKS in product development due to its nature which includes natural certainty contracts. So that it provides income certainty and has a lower risk than cooperation contracts (musyarakah and mudharabah) which are natural uncertainty contracts. However, in its development there is a musyarakah mutanaqishah contract which is a hybrid contract by combining musyarakah, ijarah and buying and selling contracts. Meanwhile, ijarah and buying and selling contracts are natural certainty contracts. This research will rev

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Song, Young-Min. "Medical Contract." Wonkwang University Legal Research Institute 28 (December 31, 2022): 61–87. http://dx.doi.org/10.22397/bml.2022.28.61.

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This paper reviewed the legal nature of medical contracts and the legislative method of medical contracts by reviewing the problems arising in the process of establishing, implementing, and terminating medical contracts in relation to delegation contracts under civil law. In general, non-typical contracts can be divided into ①completely newly created, ②similar to a typical contract, but they are deformed beyond acceptance as a typical contract, and ③the specificity of the contract needs to be discussed. Delegation contracts and medical contracts have a common purpose of handling af

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Kumar, Dr Vivek. "Contracts, E-Contracts, Validity of E- Contract and its Types and Differences Between Contracts and E-Contracts." International Journal for Research in Applied Science and Engineering Technology 12, no. 11 (2024): 1415–18. http://dx.doi.org/10.22214/ijraset.2024.65306.

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The article primarily focuses on contract and what conditions are to be satisfied for a contract to be enforceable. It demonstrates that the ingredients of a e-contract are alike of contract between the parties and focuses on its validity.

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Panchenko, S. S. "Peculiarities of defining the term of simultaneous civil law contracts." Analytical and Comparative Jurisprudence 1, no. 3 (2025): 300–304. https://doi.org/10.24144/2788-6018.2025.03.1.45.

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It has been determined that the situational-defined term of the contract is typical for simultaneous contracts. Features of one-time contracts are allocated: 1) are concluded in order to transfer property to property; 2) conclusion, execution and termination occur simultaneously; 3) the conclusion, execution and termination of the contract are carried out by the parties by committing at a time actions (actual (direct transfer of the thing), legal (notarization and (or) state registration of real rights) or symbolic nature (symbolic transfer of the layout of the gift, documents, keys to it). Ba

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De Jong, Arjan, and Klaas Smit. "Collaboratives to improve industrial maintenance contract relationships." Journal of Quality in Maintenance Engineering 25, no. 4 (2019): 545–62. http://dx.doi.org/10.1108/jqme-07-2013-0050.

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Purpose The purpose of this paper is to demonstrate how collaborative contracts can improve industrial maintenance contract relationships. Design/methodology/approach The research compares performance contracts with collaborative contracts, a new contract type whereby the contract parties align their objectives. The study uses game theory and describes the contract types as mechanism designs to compare the contract types. The mechanisms are validated with case studies. The utility of the contract types is verified with Monte Carlo simulations using expert opinions. Findings The research demons

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Nakakubo, Hiroya. "Labor (Employment) Contracts in Japan: A Comparison with Civil and Commercial Contract." International Journal of Comparative Labour Law and Industrial Relations 17, Issue 4 (2001): 423–40. http://dx.doi.org/10.54648/394548.

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A labor (employment) contract is used when an individual is hired by an employer. Affected by both the applicable statutory provisions and the actual employment practices, Japanese labor contracts have acquired distinctive traits. The contracts are so wildly different that it is often difficult to distinguish if the contracts are truly contracts. This article will examine the Japanese labor contract and then make comparisons of the labor contract to other contracts.

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Lyutova, Olga I., and Vitaly R. Bayrashev. "ON THE ROLE OF STANDARD CONTRACTS IN THE STANDARDIZATION OF PUBLIC PROCUREMENT." Public Administration Issues, no. 1 (March 28, 2025): 116–41. https://doi.org/10.17323/1999-5431-2025-0-1-116-141.

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The article discusses the problems of applying standard contracts in the context of the ongoing digitalization of public procurement, carried out through the transition to digital (machine-readable) government contracts. Hypotheses are put forward to recognize the process of developing standard contracts without taking into account the opinions of interested parties as a significant obstacle in the preparation of a public contract, as well as the possibility of reducing procurement preparation costs by making model contracts advisory in nature. These hypotheses are tested through a survey and

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Herbots, Jacques. "Un aperçu du droit chinois des contrats." European Review of Private Law 18, Issue 5 (2010): 915–38. http://dx.doi.org/10.54648/erpl2010070.

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Abstract: This essay presents the current situation of Contract Law in the People’s Republic of China. First, it demonstrates why, before the end of the Qing Dynasty, no Chinese statute on contracts existed. It then sketches the introduction of a Civil Code in the Kuomintang period, as well as the situation in the first decades of the People’s Republic and the genesis of the Contract Act of 15 March 1999. This Act, in anticipation of a Civil Code, encompasses common Contract Law. It consists of two parts: the provisions on contractual obligations on the one hand and those on specific contracts

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Busni, Darti, Doli Witro, Raid Alghani, Iwan Setiawan, and Nana Herdiana Abdurrahman. "Hybrid Contracts in Leasing and Ijarah Muntahiya Bit Tamlik in Indonesia Sharia Financial Institutions." EkBis: Jurnal Ekonomi dan Bisnis 6, no. 1 (2022): 59–73. http://dx.doi.org/10.14421/ekbis.2022.6.1.1505.

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This article discusses the implementation of the concept of hybrid contracts in the product of ijarah al muntahiya bit tamlik (IMBT) and leasing at Indonesia Islamic Financial Institutions. This article aimed to find out the implementation of hybrid contract concept in IMBT and leasing products at Indonesia Islamic Financial Institutions. This article was conducted using qualitative research method. The data in this study were obtained from library materials such as books, journals, articles, etc. Data analysis techniques used were data condensation, data presentation, and drawing conclusions.

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Lei, Yi-feng, Jun Zhou, and Ting Zhou. "The Optimal Contract Complexity for Coordination Mechanisms of Supply Chain." Journal of Management and Humanity Research 06 (2021): 61–78. http://dx.doi.org/10.22457/jmhr.v06a042134.

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This paper considers a supply chain system which consists of a supplier and a retailer. The purpose is to investigate the impact of contract complexity on supply chain coordination under complete information. The supplier drafts contracts, which include wholesale price contracts and simple quantity discount contracts. These contracts are of different complexity. The retailer chooses one of the supplier-designed contracts to optimize its profit. This study shows that a complex contract with an infinite number of price breaks can achieve the coordination of a general supply chain. It can also ar

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Kuang, Xi (Jason), and Donald V. Moser. "Reciprocity and the Effectiveness of Optimal Agency Contracts." Accounting Review 84, no. 5 (2009): 1671–94. http://dx.doi.org/10.2308/accr.2009.84.5.1671.

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ABSTRACT: Optimal agency contracts pay the lowest wage necessary to induce profit-maximizing effort. Employees could view such contracts as violating reciprocity because, relative to more reciprocal contracts, they offer a lower wage in exchange for higher effort. Consequently, the profit-maximizing effectiveness of optimal contracts could be impaired if employees reject them or reduce their effort. We use experimental labor markets to examine (1) how employees respond to an optimal versus a suboptimal reciprocity-based contract when each contract is the only contract available, (2) how employ

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Khoirul Izzah. "Gold Pawn Analysis On Islamic Banking Gold Partner Products Maslahah In Bank Jabar Banten Sharia Indramayu Branch Office." Al-Arfa: Journal of Sharia, Islamic Economics and Law 1, no. 1 (2023): 12–21. http://dx.doi.org/10.61166/arfa.v1i1.2.

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The contract used for gold pawning on gold partner products IB maslahah at Bank Jabar Banten Syariah Indramayu Sub-Branch Office uses a multi-contract which is structured in qard contracts, rahn contracts and ijarah contracts. Adhering to the DSN fatwa No.26/DSN-MUI/III/2002 and the Civil Code (KUHPerdata) articles 1150-1160 and to the ijarah contract which functions as an ujrah (fee), where the customer agrees to the DSN fatwa No. 09/DSN-MUI/IV/2000 giving ujrah to banks for bank services in storing and maintaining customer gold . The view of muamalah fiqh in the implementation of gold pawnin

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Wei, Guannan, Danning Xie, Wuqi Zhang, Yongwei Yuan, and Zhuo Zhang. "Consolidating Smart Contracts with Behavioral Contracts." Proceedings of the ACM on Programming Languages 8, PLDI (2024): 965–89. http://dx.doi.org/10.1145/3656416.

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Ensuring the reliability of smart contracts is of vital importance due to the wide adoption of smart contract programs in decentralized financial applications. However, statically checking many rich properties of smart contract programs can be challenging. On the other hand, dynamic validation approaches have shown promise for widespread adoption in practice. Nevertheless, as part of the programming environment for smart contracts, existing dynamic validation approaches have not provided programmers with a notion to clearly articulate the interface between components, especially for addresses

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Nugraheni, Ninis, Hening Arifanda, and Alifihan Astaftiyan. "Public Procurement Contract for Goods and Services Following the Presidential Decree Number 12 of 2020 on the Stipulation of the Coronavirus Disease (Covid-19) Pandemic as a National Disaster." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 07, no. 02 (2020): 229–49. http://dx.doi.org/10.22304/pjih.v7n2.a5.

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The Covid-19 Pandemic affects many sectors. Therefore, the Indonesian Government passed the Presidential Regulation Number 12 of 2020 to manage the Pandemic. Unfortunately, this regulation has evoked various interpretations on the disaster contingency as a foundation to apply force majeure condition. The Government’s policies of budget refocusing and reallocation to manage the Covid-19 Pandemic have brought significant effects on goods and services procurement contracts. This condition may lead the Government into default, and it is force majeure. Therefore, the Government is discharged from a

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Nugraheni, Ninis, Hening Arifanda, and Alifihan Astaftiyan. "Public Procurement Contract for Goods and Services Following the Presidential Decree Number 12 of 2020 on the Stipulation of the Coronavirus Disease (Covid-19) Pandemic as a National Disaster." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 07, no. 02 (2020): 229–49. http://dx.doi.org/10.22304/pjih.v7n2.a5.

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The Covid-19 Pandemic affects many sectors. Therefore, the Indonesian Government passed the Presidential Regulation Number 12 of 2020 to manage the Pandemic. Unfortunately, this regulation has evoked various interpretations on the disaster contingency as a foundation to apply force majeure condition. The Government’s policies of budget refocusing and reallocation to manage the Covid-19 Pandemic have brought significant effects on goods and services procurement contracts. This condition may lead the Government into default, and it is force majeure. Therefore, the Government is discharged from a

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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

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Ingram, L. Maria, and Laura S. Jensen. "The utility of narrative voices in the federal procurement contract." Journal of Strategic Contracting and Negotiation 4, no. 1-2 (2018): 58–74. http://dx.doi.org/10.1177/2055563620918863.

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Federal procurement contracts incorporate multiple narrative voices representing a range of individual and organizational interests. We examine these contract voices as they act in, and speak from, a range of roles relevant to federal procurement, such as marketplace participants, taxpayer-citizens, chief adjudicator, and sovereign. Like tapestries, federal procurement contracts are made from textual threads that are woven, cut, tailored, and embellished to depict a particular cast of characters acting in accord with an underlying script. Recognizing this yields insight into the governmental v

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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 forwa

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von Bar, Christian. "Ole Lando Memorial Lecture: Contract Law and Human Dignity. Second Ole Lando Memorial Lecture, Vienna 2020." European Review of Private Law 28, Issue 6 (2020): 1195–206. http://dx.doi.org/10.54648/erpl2020072.

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The second Ole Lando Memorial Lecture is about the influence of theconstitutional protection of human dignity on private contract law. The paper argues that where violations of human dignity occur, it is no longer possible to distinguish between the vertical and horizontal effects of fundamental and human rights. The article demonstrates this using the example of contracts that violate dignity, in particular within the law on assisted dying. Human dignity, Contracts violating human dignity, Assisted dying Motsclés: Dignité humaine, Contrats portant atteinte à la dignité, Mort assistée Schlüsse

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Meisamy, Hossein, and Freshteh Molakarimi. "The Jurisprudential Analysis of the Unfair Contract Terms in the Iranian Usury-Free Banking System." International Journal of Economics, Management and Accounting 32, no. 2 (2024): 241–56. https://doi.org/10.31436/ijema.v32i2.952.

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The existence of unfair contract terms is one of the important challenges in the Islamic banking system of Iran. Banks, which are all supposed to be Islamic according to the Usury-Free Banking Act (UFBA) of 1983, are in a higher position in comparison with their customers and hence most of the banking contracts are written to ensure maximum benefit to the banks. In other words, the banks abuse the customers' needs and emergencies and conclude contracts with one-sided terms. Hence, this paper evaluates existence of unilateral and unfair terms in the Usury-Free Banking contracts of Iran based on

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Gruzdev, O. S. "Contractual Model of the Deliverable Futures Contract with the Participation of the Exchange." Russian Journal of Legal Studies 4, no. 4 (2017): 53–57. http://dx.doi.org/10.17816/rjls18270.

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The present article analyses the contractual model of a deliverable futures contract with the participation of the exchange which under some regulations of current legislation plays the role of a trading authority. The author emphasizes that the exchange is a party to derivatives contracts and deliverable futures contracts, in particular. Furthermore, this provision is confirmed by the analysis of the intention of the deliverable futures contract’s parties. Their intention is directed at the conclusion of an agreement just with the exchange and not with other trading participants. The author a

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