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Journal articles on the topic 'Alignment principles of contract law'

Author: Grafiati

Published: 3 June 2025

Last updated: 1 August 2025

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1

Sinaga, Niru Anita, Basuki Rekso Wibowo, Sri Gambir Melati Hatta, and Fauzie Yusuf Hasibuan. "Alignment of Outsourcing Agreement on Protection Law and Justice." Southeast Asia Law Journal 1, no. 1 (2017): 23. http://dx.doi.org/10.31479/salj.v1i1.4.

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<p align="justify">One of these systems outsourcing, in practice often raises the pros and cons even cause problems. The problem is why research in the outsourcing agreement must have harmony with the principles of contract law? and how legal protection for workers/laborers and employers in the outsourcing agreement with the labor Law No. 13 Year 2003 on Employment associated with Court Decision No. 27/PUU-IX/2011?. This research methods using empirical juridical normative juridical supported/sociological and comparative law. Commonly used secondary data. Based on the results of analysis

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Kennedy, Alexander, Syilfia Regita Mustika, and William Hartato Surya. "Non-Compete Clauses in Contracts and Antitrust Law in Indonesia." Journal of Legal and Cultural Analytics 4, no. 1 (2025): 603–22. https://doi.org/10.55927/jlca.v4i1.13551.

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This study examines non-compete clauses (NCCs) in franchise agreements within Indonesia’s legal framework, focusing on their alignment with antitrust laws and implications for market competition and entrepreneurship. By analyzing statutory provisions, judicial precedents, and doctrinal interpretations, this normative juridical research evaluates the proportionality and enforceability of NCCs under Indonesian contract and labor law. The study highlights the restrictive nature of NCCs, their potential to hinder economic mobility, and the challenges posed by the lack of regulatory clarity. Findin

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Houshmand, Sara, Pejman Piroozi, Hossein Monavari, and Alireza Mazloum Rahani. "Challenges in the Implementation of Smart Contracts in the Legal Systems of Iran and India." Legal Studies in Digital Age 3, no. 3 (2024): 143–58. https://doi.org/10.61838/kman.lsda.3.3.13.

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The emergence of smart contracts and the increasing integration of artificial intelligence (AI) have introduced new dimensions to traditional contract law. These advancements have fundamentally transformed the nature of contractual relationships, raising questions about their legal validity, enforceability, and alignment with established legal doctrines. This research article aims to examine the profound impact of smart contracts and AI on the principles and foundations of contract law, particularly within the legal systems of Iran and India. Smart contracts, which operate through blockchain t

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Kovalenko, I. "The impact of European law on national legislation and the need to harmonize contract law of Ukraine." Uzhhorod National University Herald. Series: Law 1, no. 78 (2023): 186–91. http://dx.doi.org/10.24144/2307-3322.2023.78.1.30.

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The practical implementation of the harmonization of Ukrainian legislation with European law includes harmonization of legislative acts, implementation of European standards, institutional reforms, information campaign and education, international cooperation, creation of specialized bodies, strengthening of legal education and training, monitoring and evaluation of implementation. The practical implementation of harmonization contributes to the creation of a consistent and modern legal system, ensures the protection of citizens’ rights, promotes economic development and promotes international

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Tia Nur, Fadhliyah, and Arief Suryono. "The Implementation Of The Principle Of Freedom Of Contract In Providing Legal Protection For Workers Under Indefinite-Term Employment Contract At CV Soloarsi Studio." International Journal of Educational Research & Social Sciences 5, no. 3 (2024): 430–34. https://doi.org/10.51601/ijersc.v5i3.823.

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The establishment of worker protection arises from the contractual agreement between employers and employees. The legal relationship between these parties is constituted through an employment contract. The principle of freedom of contract, as stipulated within Article 1338 paragraph (1) of the Civil Code, is embodied in employment contract. Employment contracts that adhere to this principle can prevent the commodification of workers. However, within its practical endeavor, the principle of freedom of contract is frequently compromised in employment contract, leading to an imbalance of rights a

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Ming-zhe, Su, Cheng Geng, and Wang Hong-wei. "Jurisdiction over electronic contracts in cross-border tourism disputes between China and Kazakhstan: Dilemma and path." Bulletin of the L.N. Gumilyov Eurasian National University. Law Series 151, no. 2 (2025): 243–53. https://doi.org/10.32523/2616-6844-2025-151-2-243-253.

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This article discusses the jurisdiction of electronic contracts in cross-border tourism between China and Kazakhstan, and analyzes its theoretical basis, practical difficulties, and breakthrough paths. The principles of freedom of contract, closest connection, and party autonomy in private international law provide theoretical support for cross-border contract jurisdiction, but the differences between China and Kazakhstan in legal systems and industry characteristics have led to intensified jurisdictional conflicts. In reality, the two countries have significant differences in terms of the ele

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Mahmud Mahmud, Eka Rosanti, and Muhammad Isnaeni. "Jual Beli Online dengan Menggunakan Sistem Pembayaran Paylater Perspektif Hukum Ekonomi Syariah." Jurnal Ekonomi Bisnis dan Akuntansi 5, no. 2 (2025): 44–59. https://doi.org/10.55606/jebaku.v5i2.5307.

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This study examines the Paylater Payment System. The development of digital technology has driven changes in the transaction system, including the emergence of the Paylater payment method, which allows consumers to shop on credit without a card. This system offers convenience for users by providing flexible payment access. However, from the perspective of Islamic Economic Law, the Paylater mechanism needs to be further analyzed regarding its permissibility and conformity with Sharia principles, such as the prohibition of riba (usury), gharar (uncertainty), and maisir (gambling). This research

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Sultan, Basel, Ibrahim Alhammad, AlAnoud AlOthman, and Ghayda AlSehli. "Bridging the Literature Gap on eProcurement Systems: Insights from Saudi Arabia’s Sustainable Development Transition." Sustainability 17, no. 8 (2025): 3429. https://doi.org/10.3390/su17083429.

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This paper highlights the transition from traditional procurement systems to the newly introduced eProcurement system in Saudi Arabia, emphasizing the differences and improvements and their implications for sustainable development. The new system aims to enhance transparency, clarify purchasing methodologies, and build trust with the government through effective governance of government purchases and tender management. Guided by Royal Decree, this system aligns with the eProcurement Program to transition into digital processes for proficient bids and government purchases, contributing to more

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Arif, Junaidi, Indah Parmitasari, and Nandang Sutrisno. "Incoterms: Reconstructing International Sales Contracts in Harmony with Sharia Economic Law." Milkiyah: Jurnal Hukum Ekonomi Syariah 4, no. 1 (2025): 69–86. https://doi.org/10.46870/milkiyah.v4i1.1546.

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In global trade, Incoterms play an essential role as a standardised framework that defines the allocation of responsibilities and risks between sellers and buyers. However, from the perspective of Sharia economic law, the application of Incoterms in some instances has the potential to create gharar, which can impact the validity of the agreement. This study aims to analyse the gap between the provisions of Incoterms 2020 and the principles of fiqh muamalah, particularly in terms of responsibility sharing and risk transfer in international sales contracts. This research searched various academi

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Rahmat, Aiyub Anshori, Mahrus, and Yusuf Rohmat Yanuri. "Analysis of Sharia Economic Law on the Practice of Party Equipment Rental at 'Aisyiyah Tunas Harapan Orphanage in the Perspective of Sustainable Development Goals (SDGs)." Profetika: Jurnal Studi Islam 25, no. 02 (2025): 487–500. https://doi.org/10.23917/profetika.v25i02.7840.

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Objective: This study aims to analyze the Sharia Economic Law perspective on the practice of party equipment rental at 'Aisyiyah Tunas Harapan Orphanage and its alignment with the Sustainable Development Goals (SDGs), particularly in promoting economic growth and social welfare. Renting, known in Islam as Ijarah, is a fundamental concept in Sharia economics that serves as an alternative solution for economic empowerment. The 'Aisyiyah Tunas Harapan Orphanage utilizes party equipment rental as a means to support its operational costs and improve economic sustainability. However, there is a lack

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Dimas Aditya Ashari. "Strengthening the Government Procurement System through Blockchain-Based Smart Contracts as a Responsive Measure to Combat Corruption Practices." Journal of Information Systems Engineering and Management 10, no. 51s (2025): 531–41. https://doi.org/10.52783/jisem.v10i51s.10424.

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Introduction: Government Procurement of Goods and Services (PBJ) plays a strategic role in national development yet remains plagued by issues such as corruption, collusion, and nepotism. To address these challenges, reform is necessary through the adoption of consortium blockchain-based smart contract technology. This approach is expected to enhance transparency, efficiency, and accountability in public procurement. This research proposes a model for an ideal digital-based procurement policy aimed at establishing cleaner and more trustworthy governance. Objectives: This research explores the i

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Najib, Ainun. "A Sharia Perspective on E-Commerce Affiliate Marketing in Indonesia: A Study of Shopee Marketplace." Prophetic Law Review 6, no. 1 (2024): 120–42. http://dx.doi.org/10.20885/plr.vol6.iss1.art6.

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Traditional face-to-face marketing has evolved significantly since the advent of online systems, leveraging technological advancements to create new models like affiliate marketing. Affiliate marketing has become increasingly prevalent in Indonesia, particularly within e-commerce platforms such as Shopee. As these modern marketing practices expand, ensuring that Islamic values are upheld in their implementation becomes crucial. This calls for a thorough examination of affiliate marketing through the lens of Islamic law. This research, based on a normative legal research methodology, explores t

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Kim, Jae Hyung. "A Dialogue between Public and Private Law." Korean Association of Civil Law 105 (December 31, 2023): 3–36. http://dx.doi.org/10.52554/kjcl.2023.105.3.

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The legal domain has traditionally been segmented into public and private law. Private law is rooted in the principle of private autonomy that is premised on individual liberty. Conversely, public law centers on the adininistration and regulation of public authority. Despite these distinctions, public and private law overlap significantly in their research topics, methodologies, and goals. As such, collaboration and mutual learning between these spheres are crucial. Consequently, establishing a platform for dialogue among scholars from both fields is deemed valuable.  This paper delves i

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Jefri, Jefri, Ahmad Rustan, and Rudy Iskandar Ichlas. "Omnibus Law Method and Fast-track Legislation Method: A Degradation to Social Justice Value?" Pena Justisia: Media Komunikasi dan Kajian Hukum 23, no. 2 (2024): 257. http://dx.doi.org/10.31941/pj.v23i2.3617.

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<span lang="EN-US">This research is dedicated to the examination of the legislative processes known as Omnibus Law and fast-track legislation, with a specific focus on their alignment with the concept of social justice, as articulated in the fifth principle of Pancasila. The study employs a normative research approach, employing statutory analysis and documentary research techniques, utilizing legal documents such as Law Number 12 of 2011 regarding the Establishment of Laws, Law Number 11 of 2020 on Job Creation, and Law Number 3 of 2022 concerning State Capital as its primary sources. T

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Mokodompis, Iin Indriani, Rizaldy Purnomo Pedju, and Adamu Abubakar Muhammad. "Integrating Islamic Law and Modern Regulation: Cryptocurrency as a Sharia-Compliant Digital Asset in Indonesia." Antmind Review: Journal of Sharia and Legal Ethics 1, no. 2 (2024): 83–93. https://doi.org/10.63077/r27rd104.

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Cryptocurrency, as a rapidly evolving digital asset, has sparked significant debates regarding its legality and compliance with Islamic law. This study examines the intersection of Indonesian positive law and Islamic principles in regulating cryptocurrency as a tradable commodity (Sil’ah). Using a qualitative library research approach, the research explores regulatory frameworks such as Peraturan Menteri Perdagangan Nomor 99 Tahun 2018 and Peraturan BAPPEBTI Nomor 5 Tahun 2019, alongside Islamic legal standards for Sil’ah. Findings reveal that while Indonesian law has established a robust regu

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Radjagoekgoek, Robert Pangihutan. "Owner Estimate of Rig Contracts in Oil and Gas Business According to Legal Certainty Principles." Law Review 22, no. 3 (2023): 271. http://dx.doi.org/10.19166/lr.v22i3.5979.

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<p>As one of the vital and strategic natural resources and vital role that impact society, oil and gas is one of state revenue sources to support national development. To implement Article 33 of the 1945 Constitution, to obtain people welfare and prosperity, Oil and Gas Law No 22, 2001 mandated Special Task Force for Upstream Oil and Gas Business Activities to oversee upstream activity done by oil and gas contractors. Contractors conduct rig procurement processes with their Owner Estimate in alignment to Presidential decree No 12, 2021 and Summary of Procedural Guidelines of 007, 2017.By

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Al Jufri, Moh Abdul Basit, Ahmad Sidi Pratomo, and Moh Iza Al Jufri. "MUDARABAH IMPLEMENTATION IN SAVINGS PRODUCTS AT BAITUL MAAL WA TAMWIL AL-YAMAN BANYUWANGI." Tadayun: Jurnal Hukum Ekonomi Syariah 5, no. 1 (2024): 97–114. http://dx.doi.org/10.24239/tadayun.v5i1.143.

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This study examines the implementation of the mudarabah contract in savings products at BMT Al-Yaman Banyuwangi, focusing on the alignment of these practices with the Compilation of Islamic Economic Law (KHES) and the principles of maqasid sharia. This research used an empirical juridical method. This means that research collects data through observation, interviews, and documentation. The analysis results show that BMT Al-Yaman applies the unrestricted mudarabah contract in tabungan umum and tabungan pelajar products, with profit-sharing adjusted monthly. The study finds that the mudarabah pr

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Bovis, Christopher. "Public procurement in the EU: Jurisprudence and conceptual directions." Common Market Law Review 49, Issue 1 (2012): 247–89. http://dx.doi.org/10.54648/cola2012008.

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The present article reviews the emerging conceptual themes from the case law of the European Court of Justice which have triggered the revision of the public procurement Directives, and the alignment of the public procurement acquis with the Europe 2020 Growth Strategy. The Court's jurisprudence has instrumentally influenced the interpretation of public procurement legal concepts such as contracting authorities, the remit of selection and qualification criteria, the parameters for contracting authorities to use environmental and social considerations as award criteria and the principles which

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Sakhno, Y. V. "The correspondence between contractual and tort liability in the Civil law of Ukraine, Germany, and France." Analytical and Comparative Jurisprudence, no. 3 (July 22, 2024): 168–72. http://dx.doi.org/10.24144/2788-6018.2024.03.27.

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The article explores the regulation of civil legal relations between parties arising from breaches of contract terms and causing harm in Ukraine, Germany, and France. Specifically, it analyzes the relationship between the grounds for the emergence of these legal relations. Although the topic of the correspondence between contractual and tort liability has been raised by scholars many times, there are still no unified approaches to addressing this issue in the legal doctrine of Ukraine. Furthermore, there are no established approaches to the correlation of these two types of civil liability in

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Oksaniuk, Oleg, Volodymyr Vatras, Roman Havrik, Bogdan Levkivskiy, and Mariia Lohvinova. "Protección de los derechos de propiedad de los cónyuges según la legislación ucraniana y de la Unión Europea." Dixi 26, no. 2 (2024): 1–16. http://dx.doi.org/10.16925/2357-5891.2024.02.08.

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Introduction: The protection of spouses’ property rights stands as a fundamental aspect within family law, aiming to safeguard their interests during property disputes and divorce proceedings. This study delves into the nuances of property rights protection under both Ukrainian and eu legal frameworks. Emphasizing the evol-ving legal landscape due to Ukraine’s alignment with eu standards, the research scrutinizes the mechanisms governing property division and dispute resolution.Methodology: Amidst the complexities of divorce proceedings, the analysis reveals disparities between Ukrainian legis

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Aljaser, Abdulrahman, and Zlatan Meskic. "Historical Background on the Limitation of Liability in Saudi Arabia." International Journal for Scientific Research 3, no. 3 (2024): 269–309. http://dx.doi.org/10.59992/ijsr.2024.v3n3p10.

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This qualitative study explores the evolution and implications of limiting contractual liability in Saudi Arabia, focusing on the interplay between Sharia principles, international conventions, and domestic legal reforms. Through a comprehensive analysis of primary and secondary sources, including the new Civil Transactions Law 2023 and relevant legal documents, the research aims to thoroughly understand the historical roots and contemporary dynamics shaping contractual practices in Saudi Arabia. The study uncovers the challenges and opportunities inherent in harmonizing Sharia principles with

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Bieliaieva, N. S. "Harmonization of the human resource audit in the field of international practice." Science, technologies, innovation, no. 2(14) (2020): 25–32. http://dx.doi.org/10.35668/2520-6524-2020-2-04.

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The article explores the possibilities and problems of the process of harmonization of the HR audit in the field of international practice, taking into account the specifics of the market environment of Ukraine. The views of different authors on the problem of HR auditing were investigated. The idea was justified that the harmonization of accounting and financial reporting of economic entities is closely linked with the globalization of economic processes and the economy as a whole on a global scale, the processes of informatisation and digitalization of society, the same as for HR processes.

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Syahruddin, Aqmar, Husni Mubarak, and Kamaluddin Ahmad. "Islamic Guidelines for Digital Commerce: Fatwa MUI No. 146 and its Impact on Indonesia’s E-Commerce Ecosystem." PAREWA SARAQ: JOURNAL OF ISLAMIC LAW AND FATWA REVIEW 3, no. 1 (2024): 35–45. https://doi.org/10.64016/parewasaraq.v3i1.35.

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This study aims to explore the impact of Fatwa MUI No. 146 on Sharia-compliant e-commerce transactions in Indonesia, particularly focusing on its economic, legal, and social implications. With the rapid growth of online shopping, this fatwa seeks to address challenges such as fraud, transparency, and the alignment of digital transactions with Islamic principles. The research employs a qualitative approach, combining literature review, field observation, and surveys of online shoppers in Indonesia. Data were analyzed to evaluate the extent to which the fatwa has shaped business practices and co

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Abas, Sofyan. "Bank Financing for Micro, Small and Medium Enterprises (Study at BPRS Saruma Sejahtera, in the Fisheries and Agriculture Sector)." Agrikan Jurnal Agribisnis Perikanan 17, no. 2 (2024): 435–45. https://doi.org/10.52046/agrikan.v17i2.2354.

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The importance of the role of lending or financing from the financial institution sector as an intermediary financing function in the MSME sector, because the contribution of the MSME sector to the regional and national economy is quite large and significant. Sharia People's Economic Bank (BPRS) Saruma Sejahtera South Halmahera has performed its function in the real sector of the economy in accordance with the mandate of law number 21 of 2008 concerning Islamic banking, namely providing financing based on contracts that may not conflict with sharia principles including customers of Micro, Smal

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Aouabed, Chahrazed. "THE PRINCIPLE OF PROCEDURAL TRANSPARENCY IN LIGHT OF THE DEVELOPMENTS OF LAW NO. 23-12 DEFINING THE GENERAL RULES ON PUBLIC PROCUREMENT AND CORRUPTION PREVENTION." Journal of Law and Sustainable Development 13, no. 4 (2025): e04386. https://doi.org/10.55908/sdgs.v13i4.4386.

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Objective: The primary objective of this study is to evaluate the extent to which the principle of procedural transparency is respected and effectively implemented under Law No. 23-12 on public procurement in Algeria. This law represents a significant legal framework that governs the procedures for awarding and executing public contracts. The research particularly aims to assess how transparency operates as a safeguard for fair competition and as a tool to prevent corruption, by ensuring equal opportunities for all bidders and rational use of public resources. Theoretical Framework: The study

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Abas, Sofyan. "The Role of Banking in Micro, Small and Medium Enterprises (Study of BPRS Saruma Financing in the Agriculture and Fisheries Sector)." Agrikan Jurnal Agribisnis Perikanan 16, no. 1 (2023): 223–34. http://dx.doi.org/10.52046/agrikan.v16i1.1591.

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Micro, Small and Medium Enterprises (MSMEs) as pillars supporting the Indonesian economy need special attention, including banking financial institutions, because the contribution of the MSME sector to the national economy is quite large. Sharia People's Financing Bank (BPRS) Saruma Sejahtera Halmahera South Regency has carried out all the systems that have been established in accordance with the mandate of law number 21 of 2008 concerning Islamic banking, namely providing financing based on contracts that do not conflict with sharia principles, namely profit sharing that does not harm the par

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Winata, Muhammad Reza, and Intan Permata Putri. "Penegakan Putusan Mahkamah Konstitusi Nomor 13/PUU-XV/2017 Mengenai Hak Mendapatkan Pekerjaan dan Hak Membentuk Keluarga." Jurnal Konstitusi 15, no. 4 (2019): 858. http://dx.doi.org/10.31078/jk1549.

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Jaminan konstitusi terkait hak konstitusional untuk mendapatkan pekerjaan dalam Pasal 28D ayat (2) UUD NRI 1945 dan hak konstitusional untuk membentuk keluarga dalam Pasal 28B ayat (1) UUD 1945 telah dibatasi dengan adanya ketentuan Pasal 153 ayat (1) huruf f Undang-Undang No 13 Tahun 2003 tentang Ketenagakerjaan. Keberadaan perjanjian kerja menghalangi hak pekerja untuk menikah dalam satu institusi karena pekerja harus mengalami pemutusan hubungan kerja untuk dapat melaksanakan haknya membentuk keluarga yang sebenarnya dijamin dalam konstitusi dan peraturan perundang- undangan. Pengujian Pasa

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Prabowo, Bagya Agung, and Jasri Bin Jamal. "CONCEPT AND APPLICATION OF AKAD WAKALAH IN MURABAHA FINANCING IN ISLAMIC BANKING (A COMPARATIVE STUDY BETWEEN INDONESIA AND MALAYSIA)." Diponegoro Law Review 2, no. 1 (2017): 1. http://dx.doi.org/10.14710/dilrev.2.1.2017.1-14.

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Islamic banks have grown stronger by continuing to provide innovative products and services to successfully increase the number of customers. So far, the majority of financing by Islamic banks controlled by murabaha financing almost 80% - 95%. In the bank's murabaha scheme as the seller (ba’i) to purchase necessary items and then resell it to customers, clients (musytari) with a sales price equivalent to the purchase price and profitability of banks. In reality, Islamic banks using wakalah empower customers to purchase their goods. Step wakalah apply concepts to customers is unwise because MUI

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Mohammed, Noor. "Principles of Islamic Contract Law." Journal of Law and Religion 6, no. 1 (1988): 115. http://dx.doi.org/10.2307/1051062.

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Vasylieva, Valentyna, and Alla Zelisko. "Principles of European contract law." Actual problems of improving of current legislation of Ukraine, no. 64 (January 15, 2024): 172–81. http://dx.doi.org/10.15330/apiclu.64.172-181.

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The article examines the main trends in the European space regarding the basic principles of contractual regulation of relations. The emphasis is placed on the dominance of the private law concept in the field of contractual relations. The author concludes that the fundamental principles of contractual regulation are of an evaluative nature. The article supports the assertion of scholars that the principles of European contract law are axiological in nature - filled with evaluative content and require interpretation in each particular case. The basic principles for contractual relations are th

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Movahedi Moghadam, Saeed, and Alireza Bariklou. "The Role of Fundamental Principles of Consumer Law on Contract Law." Legal Studies in Digital Age 3, no. 3 (2024): 118–25. https://doi.org/10.61838/kman.lsda.3.3.10.

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One of the consequences of the dynamism of law is that, over time, new legal rules and regimes emerge. These new institutions leave various impacts on different parts of the existing legal system. Consumer law, as one of the influential legal regimes aimed at protecting consumers' rights against suppliers, has introduced extensive principles and rules across diverse topics and dimensions. Consequently, it has had significant effects on the existing legal system in related areas. Given that a substantial portion of social relations is conducted through contracts, one of the most affected fields

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Lakli, Nadia, and Amina Chenaa. "MECHANISMS FOR PROTECTING THE PERSONAL DATA OF THE ELECTRONIC CONSUMER IN ALGERIAN LAW (BETWEEN LEGAL TEXTS AND ACTUAL APPLICATION)." Journal of Law and Sustainable Development 13, no. 5 (2025): e04448. https://doi.org/10.55908/sdgs.v13i5.4448.

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Objectives: This study aims to examine the legal mechanisms available in Algerian legislation that provide protection for electronic consumers, with a specific focus on safeguarding their personal data and the security of payment card transactions. The study seeks to highlight the legal vulnerabilities of consumers in electronic contracts and explore how existing laws address these risks. Theoretical Framework: The research is grounded in the principles of consumer protection law, data privacy, and cybersecurity. It explores the concept of the “electronic consumer” as the weaker contractual pa

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Rowan, Solène. "THE NEW FRENCH LAW OF CONTRACT." International and Comparative Law Quarterly 66, no. 4 (2017): 805–31. http://dx.doi.org/10.1017/s0020589317000252.

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AbstractThe article analyses the recent reform of contract law in France. The section of the Civil Code on the law of contract was amended and restructured in its entirety last year. The revised section came into force on 1 October 2016. The article considers its main innovations and compares them with the corresponding principles of English law and some contract law international instruments, mainly the UNIDROIT Principles and the Principles of European Contract Law. The article also assesses whether the new provisions achieve their stated aim of rendering French contract law more accessible,

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Gardiner, Caterina. "Principles of Internet contracting: Illuminating the shadows." Common Law World Review 48, no. 4 (2019): 208–32. http://dx.doi.org/10.1177/1473779519891731.

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The common law that applies to Internet contract formation could be said to exist in a penumbra—a grey area of partial illumination between darkness and light—where it may be possible to lose sight of established contract law principles. Internet contracts raise difficult issues relating to their formation that challenge traditional contract doctrine. Analysis of case law from the United States, United Kingdom and Ireland illustrates that the courts have not applied contract formation doctrine in a principled or consistent way. There is a tendency for decisions to be reached for policy reasons

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Филющенко, Людмила, and Lyudmila Filyushchenko. "Principles of Contract Law: Reflection in Labor Legislation." Journal of Russian Law 2, no. 3 (2014): 34–41. http://dx.doi.org/10.12737/2578.

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The article explores the reflection of the principles of contract law into a sphere of labour legislation, induced by intensification of private-law regulation. The features and a number of problems of application of the contract law principles (the freedom of contract, the obligation of execution, the invariability of contract terms, and the balance between private and public interest) are uncovered.

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Malta, Ginevra, Fulvio Plescia, Stefania Zerbo, et al. "Work and Environmental Factors on Job Burnout: A Cross-Sectional Study for Sustainable Work." Sustainability 16, no. 8 (2024): 3228. http://dx.doi.org/10.3390/su16083228.

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In the context of sustainable development, the occupational sphere must be integrally considered within health promotion frameworks, ensuring an equitable work–life balance while recognizing and amplifying the capabilities of every employee. Concurrently, there is a notable trend of physicians transitioning from public to private healthcare sectors, with burnout frequently cited in scholarly discourse as a primary catalyst for this shift. The objective of our study was to examine the vulnerability of medical staff to burnout. To achieve this, we conducted a cross-sectional analysis involving 1

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Cipta, Hendra. "DISKURSUS KONSEP DAN PRINSIP AKAD DALAM HUKUM ISLAM." ASY SYAR'IYYAH: JURNAL ILMU SYARI'AH DAN PERBANKAN ISLAM 1, no. 1 (2016): 63–90. http://dx.doi.org/10.32923/asy.v1i1.666.

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Contract has an important role in the agreement and the engagement of either Islamic law or in the positive law. The existence of the contract with the Islamic principles would sustain the contract to the benefit and avoid deception and fraud between the parties. Islamic principles are based on permissible, voluntary, welfare and justice needs to be embedded in the Islamic contracts. If these principles are at parties, then the contract will not be a contract that is imperfect.

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Schulze, Reiner. "European Private Law and Existing EC Law." European Review of Private Law 13, Issue 1 (2005): 3–19. http://dx.doi.org/10.54648/erpl2005001.

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EC law has expanded so much in recent decades that it is possible to develop overarching principles for contract law and other areas of law from the provisions for individual subjects and sectors. Unlike thirty years ago, when the ?Lando-Commission? began its work, today the existing Community law itself can form the primary source of academic works for the further development of European private law. On this basis the ?acquis research? contributes to remove substantive and terminological inconsistencies in the acquis communautaire, as well as creating a frame of reference for the development

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Krasnoyarova, E. V. "Institutional principles of the employment contract." Voprosy trudovogo prava (Labor law issues), no. 10 (October 29, 2022): 630–38. http://dx.doi.org/10.33920/pol-2-2210-03.

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This article considers the meaning of the principles of law, their classification, the ratio of generally recognized principles of international labor law and national. The author made an attempt to formulate the basic institutional principles of the employment contract, analyze the norms of law, judicial practice, and also formulate proposals for improving labor legislation.

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Lando, Ole. "Is codification needed in Europe? Principles of European Contract Law and the relationship to Dutch law." European Review of Private Law 1, Issue 1/2 (1993): 157–70. http://dx.doi.org/10.54648/erpl1993010.

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Abstract. The Commission of European Contract Law has been established to provide principles of contract law for the European Communities. These principles are intended to serve as guidelines for the institutions of the European Communities when they are in need of contract rules to govern issues which are not subject to national law. They will serve as a draft of a future European Code, the preparation of which has been advocated by the European Parliament in 1989. The principles may also help national courts who have to interpret the existing uniform or harmonized laws. They need a backbone

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Lando, Ole. "Optional or Mandatory Europeanisation of Contract Law." European Review of Private Law 8, Issue 1 (2000): 59–69. http://dx.doi.org/10.54648/264249.

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This article argues in favour of a Europeanisation of contract law. It is submitted that we the citizens of Europe cannot content ourselves with the existing Europeanisation which is both fragmentary and uncoordinated and which provides no general principles. The Commission on European Contract Law has been established to provide Principles of European Contract Law. The experience of the Commission is that a Europeanisation of contract law is feasible. The Union could either aim at a creeping uncodified harmonisation brought about by the scholars and the courts or a codification ic, a European

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박현정. "Illegality on Principles of European Contract Law." HUFS Law Review ll, no. 28 (2007): 205–31. http://dx.doi.org/10.17257/hufslr.2007..28.205.

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JACQUET, Jean-Michel. "French Contract Law And The Unidroit Principles." Uniform Law Review 13, no. 1-2 (2008): 195. http://dx.doi.org/10.1093/ulr/13.1-2.195.

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Syafriana, Rizka. "Principles of Legal Settlement in Sharia Contracts." Randwick International of Social Science Journal 3, no. 4 (2022): 723–32. http://dx.doi.org/10.47175/rissj.v3i4.550.

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Contracts in Fiqh Law have several terms, the focus of which is on a complete understanding of the concept of contract (al-'aqd). The term al-'aqd is defined as an agreement or contract in Islamic civil law. The contract referred to here is the nature of the given syarak for the contract based on the fulfillment of the pillars and their conditions, so that resolving the dispute problem can be done using Litigation (Religious Court) or by non-litigation. The Religious Courts are Case Settlement Institutions if there is a dispute in this Sharia contract which is detrimental to one of the parties

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Zimmermann, Reinhard. "The Significance of the Principles of European Contract Law." European Review of Private Law 28, Issue 3 (2020): 487–96. http://dx.doi.org/10.54648/erpl2020026.

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In his autobiographical account ‘My Life as a Lawyer’ Ole Lando wrote: ‘I set out to try and unify the substantive contract law in the EU. My efforts started in 1976’. These efforts were to lead to the publication of the Principles of European Contract Law (PECL) in 1995 (Part I), 2002 (Parts I and II), and 2003 (Part III). According to Hugh Beale it is that work for which Ole Lando is best known; and it is for that work that he is regarded as ‘one of the most influential figures in the development of European private law to date’. The present contribution therefore deals with these Principles

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Dalhuisen, Jan H. "Domestic Contract Laws, Uniform International Contract Law and International Contract Law Principles. International Sales and Contractual Agency." European Business Law Review 11, Issue 4 (2000): 200–315. http://dx.doi.org/10.54648/269056.

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Schulze, Reiner. "Precontractual Duties and Conclusion of Contract in European Law." European Review of Private Law 13, Issue 6 (2005): 841–66. http://dx.doi.org/10.54648/erpl2005051.

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For the future development of European contract law, one can extract from existing Community law not only fundamental principles like freedom of contract, non-discrimination on grounds of race, ethnic origin or gender and the protection of contractual parity in situations of structural imbalance. Moreover, the underlying principles of contract law provisions of Community law also form the basis for a set of rules for precontractual duties and formation of contract, which in some respects have innovative features in comparison with the traditional laws of most member states, for example in resp

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Nurfadillah, Nurfadillah. "URGENSI SINKRONISASI AKAD PERBANKAN SYARIAH DENGAN AKAD JAMINAN HARTA BENDA MENURUT PRINSIP SYARIAH." Jurnal Kajian Hukum Islam 6, no. 2 (2019): 81–92. http://dx.doi.org/10.52166/jkhi.v6i2.7.

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In accordance with the needs and principles of benefits and goods, muamalah agreements based on sharia principles have been politicized into national law with the enactment of the Law on Sharia Banking. The law has clearly set out about sharia banking activities and procedures for resolving disputes. However, it does not regulate the guarantee law according to sharia principles. From the results of the study, it can be concluded that the collateral position in the muamalah contract must be trustworthy so that no collateral is needed. But in practice Islamic banks often require collateral for p

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Nurfadillah, Nurfadillah. "URGENSI SINKRONISASI AKAD PERBANKAN SYARIAH DENGAN AKAD JAMINAN HARTA BENDA MENURUT PRINSIP SYARIAH." Jurnal Kajian Hukum Islam 6, no. 2 (2019): 81–92. http://dx.doi.org/10.52166/jkhi.v6i2.7.

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In accordance with the needs and principles of benefits and goods, muamalah agreements based on sharia principles have been politicized into national law with the enactment of the Law on Sharia Banking. The law has clearly set out about sharia banking activities and procedures for resolving disputes. However, it does not regulate the guarantee law according to sharia principles. From the results of the study, it can be concluded that the collateral position in the muamalah contract must be trustworthy so that no collateral is needed. But in practice Islamic banks often require collateral for p

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Rizky, Aditya, Sunardi, and Joko Setiono. "Lex Mercatoria as Substantive Applicable Law of International Sale and Purchase Contracts." International Journal of Law and Politics Studies 5, no. 2 (2023): 80–86. http://dx.doi.org/10.32996/ijlps.2023.5.2.8.

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This study aims to analyze lex mercatoria as a substantive applicable law international sale and purchase contract. The research method used is a qualitative method. The research results show that international trade activities often lead to disputes between the parties. And the choice of dispute settlement can be made either in court or in arbitration. There are two types of law that apply and are used in international arbitration, namely arbitration procedure law and arbitration substantive law. The substantive law is in the form of a country's national law and/or international conventions r

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