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Journal articles on the topic 'Contract law'

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Published: 4 June 2021
Last updated: 11 January 2025

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1

Sacco, Rodolfo. "Contract Contrat Vertrag." European Review of Private Law 7, Issue 2 (June 1, 1999): 237–40. http://dx.doi.org/10.54648/241844.

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2

Honigsberg, Colleen, Sharon Katz, and Gil Sadka. "State Contract Law and Debt Contracts." Journal of Law and Economics 57, no. 4 (November 2014): 1031–61. http://dx.doi.org/10.1086/680934.

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3

Garg, Anuj. "A Comparative Analysis of Contract Law in Common Law and Civil Law Jurisdictions." Indian Journal of Law 1, no. 1 (November 10, 2023): 61–70. http://dx.doi.org/10.36676/ijl.2023-v1i1-08.

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Contract law's key tasks include the creation, interpretation, and enforcement of agreements between parties. As a result, contract law is seen as an essential component of all types of legal systems. However, due to the distinct historical, cultural, and judicial contexts of common law and civil law states, the development of contract law has taken a different path in each of these jurisdictions. A comparison is made between the core ideas, central concepts, and different approaches that are characteristic of contract law in common law and civil law regimes. the beginnings and development of contract law within the context of both the common law and the civil law legal systems. the development of contractual ideas, shedding light on the various foundations that continue to have an impact on contemporary legal philosophy, and making reference to the legacy left behind by the Roman law tradition and the English common law history. a comparison and contrast of the impact of reasoning based on precedent in common law and codified statutes in civil law is used to illustrate the various techniques that are used to govern the interpretation and adjudication of contracts.
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4

Guenther, James E. "Contract Law." Journal of Veterinary Emergency and Critical Care 11, no. 4 (December 2001): 306–7. http://dx.doi.org/10.1111/j.1476-4431.2001.tb00070.x.

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5

Сомова, Елизавета, and Elizaveta Somova. "SMART CONTRACT IN CONTRACT LAW." Journal of Foreign Legislation and Comparative Law 5, no. 2 (October 15, 2019): 1. http://dx.doi.org/10.12737/art.2019.2.10.

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6

Savelyev, Alexander. "Contract law 2.0: ‘Smart’ contracts as the beginning of the end of classic contract law." Information & Communications Technology Law 26, no. 2 (April 7, 2017): 116–34. http://dx.doi.org/10.1080/13600834.2017.1301036.

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7

Zainutdinova, Elizaveta V. "Legal Issues of Smart Contracts in Contract Law." Journal of Siberian Federal University. Humanities & Social Sciences 14, no. 11 (November 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 concluded with an exchange of data (type of a written form). Smart contracts are performed with the help of automated performance and previously expressed consent of parties. It is proved that smart contracts could be modified and terminated giving a mechanism for that as well as provides for measures of defence and responsibility that could be applied for obligations out of smart contracts. As the result, provisions of smart contracts that reflect smart contracts’ place and peculiarities in contract law are formulated
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8

Puneri, Atharyanshah. "Comparison of The Law of Contract Between Islamic Law and Indonesian Law." Journal of Law and Legal Reform 2, no. 1 (January 4, 2021): 65–82. http://dx.doi.org/10.15294/jllr.v2i1.39036.

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In every legal transaction, contract is the crucial things that must be made between all the parties. Because the contract is the realization of the agreements between the parties. and that contract are binding the parties inside the agreements. The purpose of this paper is to analyze the law of contract from two different laws, which are Islamic Law and Indonesian Law. It can be found that there are some similarities as well as differentiation between Islamic Law and Indonesian Law when it comes to governing about contracts.
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9

Ulen, Thomas S. "Behavioral Contract Law." Review of Law & Economics 17, no. 2 (July 1, 2021): 281–322. http://dx.doi.org/10.1515/rle-2021-0067.

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Abstract This article explores some behavioral findings that are relevant to three areas of contract: formation, performance, and remedies. I compare the rational choice theory analysis of various aspects of contract law with how behavioral findings lead to a change in our understanding of that area of law. A penultimate section considers several criticisms of behavioral economics. A concluding section calls for altering some settled understandings of contract law to accommodate behavioral results and for further research about some still uncertain aspects of contracting.
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10

Kazez, William H. "Contract Law 101.111…" Math Horizons 14, no. 2 (November 2006): 32–33. http://dx.doi.org/10.1080/10724117.2006.11974682.

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11

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

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Socio-legal scholarship in contract maintains that the classical law is ineffective in regulating commercial agreements, and that the law should be more attentive to the role played by relational norms of cooperation and implicit understandings in business dealings. This paper explores the extent to which the parties' own narratives about their business relationship, as presented to a judge through testimony, can be both a source of information to judges about how business is conducted and a corrective to the classical contract law mindset, which favours the operation of individualist over cooperative norms in the resolution of commercial disputes. The paper examines a body of ‘law and narrative’ scholarship which underlines narrative's power to subvert traditional legal norms. It also considers some of the difficulties with relying on party narratives as evidence of the implicit dimensions of commercial agreements, but concludes that such narratives may have a role to play in the development of a more relationally constituted contract law and are thus worthy of closer scrutiny.
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12

Speidel, T. Michael, S. M. A. Hamann, J. C. Meehan, T. Murtha, and E. Strand. "Basic contract law." Seminars in Orthodontics 3, no. 2 (June 1997): 112–20. http://dx.doi.org/10.1016/s1073-8746(97)80046-1.

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13

Taylor, Adam. "Internet law — contract." Computer Law & Security Review 16, no. 1 (February 2000): 33–36. http://dx.doi.org/10.1016/s0267-3649(00)87069-7.

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14

Zimmermann, R. "Consumer Contract Law and General Contract Law: The German Experience." Current Legal Problems 58, no. 1 (January 1, 2005): 415–89. http://dx.doi.org/10.1093/clp/58.1.415.

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15

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 (December 20, 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 contract's outcomes deviate from those required by law. To answer this issue, we must first understand that whether a smart contract becomes legally enforceable is determined by several circumstances, together with the unique use case, the type of smart contract employed, and the existing legislation. The paper addresses the subject of determining and regulating smart contracts under Romanian current laws. Particular emphasis is placed on two ambiguous definitions of smart contracts: as computer code and as a civil-law contract. The authors conclude that the concept of smart contracts requires more legal regulation, particularly in terms of managing their meaning and comprehension.
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16

Izat, Akrimatul. "Contractual Marriage (Nikah Mut’ah): Comparing Islamic Law and Civil Law." Law Research Review Quarterly 8, no. 3 (August 31, 2022): 353–70. http://dx.doi.org/10.15294/lrrq.v8i1.48203.

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A marriage contract is a temporary marriage in accordance with an agreed contract between the bride and groom and will end by itself if the contract is exhausted. Indonesia as a country that upholds religious values and norms of society is certainly very critical in determining the validity of a marriage. Marriage of contracts in Indonesia is difficult to record. Because the marriage of the contract is carried out in addition to not being recorded by formal judicial is not regulated in any regulation so it can be said that the marriage contract in Indonesia is not recognized and does not apply the law. Also in Islamic law also does not allow the existence of contract marriage is based on the words of the Prophet SAW. The marriage of the contract also has many consequences to the wife and the offspring of the marriage of the contract.
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17

Lewandowski, A. "PUBLIC LAW CONTRACT IN GERMAN ADMINISTRATIVE LAW." Constitutional State, no. 47 (October 18, 2022): 29–39. http://dx.doi.org/10.18524/2411-2054.2022.47.265281.

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The article focuses on the public-law contract in German law. It considers the relationship between the public-law contract and the administrative act in the context of the principle of freedom of choice of form of action of the administrative authorities. It analyses the legal basis of the public law contract. First of all, these covers § 54 of the Administrative Procedure Act as the central norm of the public law contract. Issues relating to the limitations in the enforcement of § 54 are also outlined. In addition, the constitutional background of the public contract is discussed. Particular attention is paid to the principle of lawfulness of government action and its two main components: the rule of law and the principle of compliance with the law, which have a varying impact on the public-law contract. The article also considers the dual nature of public-law contracts, which is primarily due to the fact that the public-law contract itself is directly a figure of both procedural and substantive law. Distinctive features of a public-law contract in the context of its differentiation from the other forms of implementation by administrative authorities of their powers are analyzed. First of all, it affects the administrative act on demand as the closest to the public-law contract type of its external manifestations. The same applies to an administrative act with additional conditions, since it has misleading characteristics similar to a contractual relationship. The subject matter of the contract itself was analyzed as a decisive factor enabling it to be classed as a contract entered into in the field of public administrative law. The role of the theory of special law and its impact on the process of identifying the public law contract was examined. In this regard, the limping mutual contract as a special form of a public-law contract has been defused. A special place in the article is given to the issues of terminology. It is concluded that Ukrainian administrative law has no analogues and similar approach not only to the question of classification but also to the correlation of the considered notions developed by German administrative law.
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18

Frank, Máté. "Contractual Dilemmas of Smart Contracts – Information Society Versus Contract Law." Jog, állam, politika 15, no. 1 (2023): 63–74. http://dx.doi.org/10.58528/jap.2023.15-1.63.

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The aim of this study is to examine the issues of inserting smart contracts into our operative contract law. In this context, I am examining the positive and negative effects of this technological achievement on contract law, as well as its potential dangers. Smart contracts, like traditional contracts, require the consensus of the parties at the time the contract is concluded. The only difference is that the performance of the contract in the case of a smart contract is completely independent of the parties. This attribute could lead to the potential outcome that the application of performance and breach of contract rules in the Hungarian Civil Code–and as well in other continental civil codes–, could become inapplicable due to the lack of possibility of breaching the contract.
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19

Stojšić-Dabetić, Jelena. "Wrap contracts and their influence on the Contract Law." Pravo - teorija i praksa 40, suppl (2023): 84–98. http://dx.doi.org/10.5937/ptp2300085s.

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The basis of the digital economy is electronic commerce (e-commerce), based on contracting which increasingly relies on the use of a digital technology. A contract represents the basis of legal obligation, as well as the foundation of the validity and legitimacy of legal rules, dating back to the theory of the social contract. The functioning of the digital society and digital economy has introduced the process of digitization into the scope of the Contract Law and contracting practice. On the example of wrap contracts, as a kind of online contracts by access (adhesion contracts), the author shows how new practices in contracting affect the traditional obligation law institutes.
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20

Wolff, Lutz-Christian. "The relationship between contract law and property law." Common Law World Review 49, no. 1 (February 26, 2020): 31–55. http://dx.doi.org/10.1177/1473779520903729.

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It is commonly understood that contract law and property law are different areas of law which address different issues. This article departs from this conventional position in a rather radical way by arguing that the conclusion, amendment, and termination of contracts are in fact property law transactions and that the strict divide between contract law and property law is therefore not justifiable. It demonstrates theoretical and practical implications as contract law must be redefined and aligned with the general property law framework to avoid inconsistencies and thus the violation of the notion of formal rationality.
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21

李, 祎菲. "Contract Performance Obstacles Contract Law Settlement Mechanism." Advances in Social Sciences 10, no. 10 (2021): 2871–80. http://dx.doi.org/10.12677/ass.2021.1010393.

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22

Sulistyaningrum, Helena Primadianti. "E-contract Consensus in Indonesian Contract Law." Batulis Civil Law Review 5, no. 2 (July 31, 2024): 89. http://dx.doi.org/10.47268/ballrev.v5i2.1930.

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Introduction: In the era of Society 5.0, the use of IT in implementing agreements in Indonesia is inevitable. The development of e-contracts, becoming increasingly necessary in society, is demanding the business world's attention. Particularly in Indonesia's Treaty Law, the concept of consensual e-contracting emerged, suggesting that even in the absence of direct meetings, parties could still realize an agreement through the e-contract. Purposes of the Research: This study aims to analyze and describe the existence of e-contract consensus in contract law in Indonesia from the point of view of contract theory. Methods of the Research: This specific type of investigation is doctrinal law research, which endeavors to uncover the truth by employing legal principles, foundational doctrines, and doctrinal law as supporting material. This work utilizes an inductive methodology, first presenting specific assertions and then drawing a general conclusion from them.Results of the Research: One of the legal prerequisites for an agreement is consensus. The study's findings indicate that legislative regulations in Indonesia have incorporated e-contract consensus into contract law. We apply Uitings theory, Verzending theory, and Ontvangs theory as agreement theories to determine the existence of e-contract consensus. The legislation contains provisions that specifically address the maintenance of electronic transactions. In general, it establishes that an electronic transaction has taken place when the parties to an electronic contract (e-contract) issue a statement of acceptance of an offer.
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23

Rizos, Evripidis. "A Contract Law Approach for the Treatment of Smart Contracts’ ‘Bugs’." European Review of Private Law 30, Issue 5 (December 1, 2022): 775–802. http://dx.doi.org/10.54648/erpl2022037.

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This article attempts to derive some principles concerning the legal treatment of bugs in smart contracts, namely errors in the smart contract code which may result to some unwanted or unexpected outcome at the execution of the contract. Before dealing with this main issue, the article concludes that despite the practical issues that arise concerning the application of traditional contract law rules and principles, these rules remain relevant, and that a smart contract is typically (but not necessarily) a mere tool for the performance of the contract and not a legal contract itself. Therefore, typically, bugs in smart contracts should be examined under the doctrines of the breach of contract and/or the unfair enrichment and not as reasons for any potential invalidity of the contract. Only in (rather unlikely cases) where a smart contract could be indeed perceived as the body of the legal contract itself, printing errors in the code or other expressional mistakes concerning the semantics of the code (albeit not its function) could be perceived as potential reasons for the invalidity of the contract, according to the relevant rules of each jurisdiction. Nevertheless, even in these cases, interpretation of the contract with objective standards should not be ruled out, even when the contract is concluded by means of artificial intelligence (AI). The article examines also contributory negligence issues.
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24

Papantoniou, Alexandros A. "Smart Contracts in the New Era of Contract Law." Digital Law Journal 1, no. 4 (December 30, 2020): 8–24. http://dx.doi.org/10.38044/2686-9136-2020-1-4-8-24.

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This essay examines whether smart contract innovation is capable of displacing the orthodox adherence to traditional contracts. This examination is underpinned by an analysis of the legality of smart contracts, through which it is exemplified that smart contracts ought to be considered legally binding instruments. The essay proceeds to explore the superiority of smart contracting on a technical and theoretical basis. The advantages generated through smart contract automaticity and enforceability present a concrete basis for undermining reliance on traditional contracts. Blockchain Technology also enhances the benefits of smart contracts by acting as a smart contract enabler through guaranteed performance and enforceability. Nevertheless, such novel technologies inevitably suffer from several shortcomings. This essay considers examples which illustrate the inflexibility of smart contracting. Apart from being susceptible to hacking and code exploitation, smart contracting is unable to deal with ambiguities and potential modifications. Overall, this suggests that the advantages of smart contract practice are currently confined to some specified limited scenarios. Smart contracts perform a different function to traditional contracting by merely guaranteeing technical enforceability as opposed to legal enforceability. This essay thus concludes that, for the time being, it is best to regard smart contracting as a supplement to traditional contracts rather than an outright displacement.
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25

Syafa'i, Imam, and Indah Dewi Megasari. "Flexibility and Adaptation of Contract Law." West Science Law and Human Rights 2, no. 04 (October 11, 2024): 332–38. http://dx.doi.org/10.58812/wslhr.v2i04.1323.

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This study aims to explore the differences in the flexibility and adaptation of contract law in Indonesia which adheres to the civil law system and Singapore which is based on common law, as well as its implications for modern business. Contract law in Indonesia is still heavily dependent on the Civil Code (KUHPerdata), which dates back to the colonial era and has not undergone significant updates. This has led to stiffness in the implementation of contracts, especially in fast-growing business sectors such as digital technology. In contrast, Singapore has adopted a common law system, which is more flexible and able to adapt to changes in the economy and international business dynamics through the use of precedents. In a business context, flexibility and legal adaptation are essential because contracts often have to adapt to new emerging needs, including changes in technology, regulations, and market conditions. This study uses a normative juridical approach with a comparative method, examining laws, court decisions, and related academic literature. The case study of business contracts between Indonesian and Singaporean companies in the technology sector is also used as a study material to provide a practical view of the effectiveness of each country's legal system in facing contemporary business challenges. The results show that Singapore excels in contract flexibility due to the use of precedents that allow for legal adjustments without the need for formal legislative changes. On the other hand, contract law in Indonesia is often unable to keep up with rapid developments due to rigid and outdated regulatory limitations. This difference has an impact on the speed and efficiency of contract dispute resolution in both countries, with Singapore being able to resolve disputes more quickly through a more responsive system. This study concludes that to increase competitiveness in the global economy, Indonesia needs to reform the Civil Code to be more flexible and adaptive like the one implemented in Singapore. These recommendations are important to ensure that Indonesia can create a more competitive business environment and support innovation, especially in the ever-evolving digital era.
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26

Brodie, Douglas. "The employment contract and unfair contracts legislation." Legal Studies 27, no. 1 (March 2007): 95–109. http://dx.doi.org/10.1111/j.1748-121x.2006.00040.x.

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In 2005, the Law Commissions published a report reviewing unfair contracts legislation in the UK. Where the contract of employment was concerned, the Commissions were of the view that, in short, the status quo should remain. This paper seeks to appraise that position and considers whether an opportunity to bring forward beneficial reforms has been missed. The paper takes cognisance of the legislative scheme in New South Wales, which contains extensive powers where unfair contracts are concerned. It is suggested that, in the UK, the two key issues which need to be addressed are contracting-out and terms which may be substantively unfair.
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27

Poncibó, Cristina, and Larry A. Dimatteo. "Quandary of Smart Contracts and Remedies: The Role of Contract Law and Self-Help Remedies." European Review of Private Law 26, Issue 6 (December 1, 2018): 805–24. http://dx.doi.org/10.54648/erpl2018056.

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Abstract: Smart contracts provide a quandary for contract law remedies. The self-enforcing nature of smart contracts implies that there is little possibility for breach and thus, little need or opportunity to apply contract law remedies. This article explores if this is really the case. It concludes that contract law remains applicable to smart contracts relating to the enforceability of its terms based on legality, public policy, and contracts policing doctrines. In such cases, post hoc judicial or arbitral claims remain likely and the dispute resolution bodies would seek to apply contract remedies. In order to diminish instances of litigation or arbitration the smart contract should include self-remedying or internal measures (remedies). The article divides internal measures into proactive and reactive measures. These measures should be considered in the drafting of a smart contract in order to diminish resort to contract remedies. In the end, contract law and contract remedies will remain important as default law. In addition, like smart contracts, some of contract law rules are immutable and cannot be made obsolete by blockchain technology.
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28

Marcenaro, Edoardo. "Energy Contracts at the Crossroad between Public Law and Private Law: The Relevance of Sustainability Objectives in International EPC Contracts." European Investment Law and Arbitration Review 2, Issue 1 (January 1, 2017): 245–57. http://dx.doi.org/10.54648/eila2017011.

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In contrast with other types of contracts such as the sale of goods, international construction contracts or Engineering, Construction and Procurement contracts (commonly referred to as EPC contracts) are not governed by an international convention. Consequently, in most cases the EPC contract, further to an applicable law clause, refers to a set of general conditions of contract drafted by various international organisations. The present paper deals with the laws and regulations governing EPC contracts to be performed in different countries worldwide, as well as some aspects of the most recent trends in the resolution of disputes related thereto. It aims to evaluate how the discipline of sustainability may impact on the negotiation, drafting and performance of EPC contracts as well as on the management and solution of disputes arising therefrom.
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29

Florea, Dumitriţa, and Narcisa Galeş. "Franchise Contract in International Trade Law." European Journal of Law and Public Administration 9, no. 2 (December 20, 2022): 12–22. http://dx.doi.org/10.18662/eljpa/9.2/178.

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The international contract is of interest to all states because of its value. It represents a way in which international exchanges can be realized, its role in international economic relations giving the parties the opportunity to use the advantages of arbitration and autonomy of will. The main legal instrument used to promote international relations is the contract. Compared to other fields, the legal relationships resulting from contracts are numerous and frequent. International trade contracts are distinguished by certain particularities, because according to their nature, they constitute a form of contracts regarding commercial activity. However, international trade contracts, compared to domestic contracts, do not remain subject to national law and differ from them by the existence of specific elements of internationality. An important moment in the existence of a contract is that of formation. All aspects related to the formation of contractual relations are influenced by the exact knowledge and correct application of the practice of concluding the contract. International trade contracts differ from commercial contracts concluded between participants in domestic trade by means of the extraneous element it contains, an element that, together with the commerciality element, delimits the international trade contract from the other contracts that are regulated by the rules of general law. From the category of contracts that are part of the field of international trade law, the franchise contract has had a rapid evolution, having the ability to adapt and introduce new services, products and techniques to the market, the extent of which has taken over time having practically no tendency to decrease nowadays, more and more merchants end up concluding such contracts. Thus, the franchise contract is both a relatively safe and cheap method of obtaining profit, as well as the most agreeable tool of globalization, attributed to the current consumer society.
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30

Ali, Yunus. "Catering Contract of Restaurants in the English Law. A Comparative Analytical Study with Iraqi Civil Law." مجلة العلوم القانونية 37, no. 1 (June 15, 2022): 1–46. http://dx.doi.org/10.35246/jols.v37i1.450.

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The Catering contract is considered as a type of hospitality contracts in the English common law of customary origins. Which is unwritten and based upon judicial precedents of the English courts. It is a complex contract of mixed nature، Is Regarded as a contract for the sale of meals of food and drink،, and is considered as a contract for supply of services concerning the preparation of food and drink، for providing them to the customer، as well as being a bailment contract. It is worth-bearing in mind that this contract is subject to the rules of three important English legislations: The Sale of Goods Act 1979، The Supply of Goods and Services 1982، The Consumer Protection Act 1987، and The Consumer Rights Act 2015. It is also worth-mentioning that a lot of Statutorily Implied Terms can be extracted from this contract. Whereas the Iraqi civil code No.40 of 1951 did not regulate expressly this contract within the nominate contracts، but the rules of both the contract of sale and enterprise can be applied to this contract، because it contains sale of food and drink، as well as other services closely related to it، which the restaurateur provides to the customer.
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31

Osipova, S. V. "CIVIL LAW CONTRACTS RELATED TO LABOUR AND EMPLOYMENT CONTRACT." Juridical Journal of Samara University 4, no. 3 (October 27, 2018): 99. http://dx.doi.org/10.18287/2542-047x-2018-4-3-99-106.

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32

Becher, Shmuel. "A "Fair Contracts" Approval Mechanism: Reconciling Consumer Contracts and Conventional Contract Law." University of Michigan Journal of Law Reform, no. 42.4 (2009): 747. http://dx.doi.org/10.36646/mjlr.42.4.fair.

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Consumer contracts diverge from the traditional paradigm of contract law in various conspicuous ways. They are pre-drafted by one party; they cannot be altered or negotiated; they are executed between unfamiliar contracting parties unequal in their market power and sophistication; they are offered frequently by agents who act on behalf of the seller; and promisees (i.e., consumers) do not read or understand them. Consumer contracts are thus useful in modern markets of mass production, but they cast doubt on some fundamental notions of contract law. To reframe the long-lasting debate over consumer contracts, this Article develops a superior legal regime whereby sellers can obtain certification of a form contract by an independent third-party. Such approval may be viewed as a quality certification, akin to a "Good Housekeeping Seal of Approval," for standard form contracts. The many impediments to the design of such a project notwithstanding, its overall advantages are promising. The tension between the duty to read contracts and the common practice of signing consumer contracts without reading them will be better reconciled. The adverse consequences of asymmetric information possessed by typical sellers and consumers will be obviated. This regime will also minimize sellers' ability to manipulate consumers' bounded rationality, increase social welfare by reducing transaction costs, diminish socially undesirable litigation over standardized contracts, make a notable step towards minimizing the alleged anomaly that punitive damage awards create in consumer contract cases, and promote market participants' autonomy by advancing trust between the contracting parties.
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Jovičić, Katarina. "Osnovi prestanka trgovinskih ugovora u srpskom pravu." Pravo i privreda 61, no. 3 (September 23, 2023): 777–801. http://dx.doi.org/10.55836/pip_23305a.

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The paper presents the grounds for terminating commercial contracts according to the rules of the Law on Obligations. Bearing in mind that trade contracts are bilaterally binding, they terminate upon the special rules of the Law for mentioned group of contracts which include: fulfilment of all contractual obligations as stipulated, termination of a contract, impossibility of performance and judicial termination of the contract due to changed circumstances. The paper also discusses the situation of execution of a void contract because of their rescission arise the same questions. Finally, starting from the fact that contract is one among several sources of obligations, the general rules of the Law for the termination of obligations regardless of the source of their origin are considered too, as they, under certain circumstances, can lead to contract termination. The analysis of each ground could be the subject of separate scientific work and in domestic literature, they are frequently treated in this manner. In contrast, the possible grounds for terminating the contract are systematically presented here, as well as the effects resulting from that. In this work, this issue is presented in a rounded and comprehensive way that is justified by the fact that the legal rules regulating contract termination are not systematized in one place in the Law of Obligations which may make their application more difficult. This approach is justified by the fact that the legal rules regulating contract termination are not systematized in one place in the Law of Obligations and that complicates their application. The paper aims to contribute to the prevention of disputed situations in the execution of contracts, that is, to the proper application of the law in the process of resolving them.
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34

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.
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35

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

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The article aims to familiarize the Russian reader with the issue of contracts concluded by professional entities (entrepreneurs) under the Polish legal system. Undoubtedly, the majority of all contracts concluded by private law bodies are trade contracts. It should be noted that the concept of trade contracts covers contracts in which both parties are professionals as well as those in which only one of the parties acts as an entrepreneur conducting their business. The article discusses 8 contracts as follows: contract of agency, contract of consignment, contract of carriage, contract of forwarding, bailment, contract of storage, delivery contract and leasing contract. They are a compilation of typical contracts traditionally concluded in business transactions. Their choice was determined both by the scale of their use in practice and their importance for commercial activity. At the same time, as highlighted in the paper, due to the freedom of contract principle under the Polish law of obligations, these contracts may be (and often are) used as model solutions that entrepreneurs will rely on when entering into legal relations that are not explicitly indicated in the Polish legal system (so-called unnominated contracts). In conclusion, attention is drawn to the challenges the Polish legislator faces today in the field of contract law due to contemporary economic changes. Furthermore, the threats posed by both excessively strict legislation and a lack of proper regulation are identified along with a recommended solution aimed at reconciling these diverging positions. According to this suggestion, in order to grant a normative form to unnominated contracts, commonly concluded in business transactions, concrete measures should be taken only in the form of guidelines, non-binding proposals that can be used by entrepreneurs to guarantee a minimum level of protection for parties to such contracts.
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36

Bowdery QC, Martin, Guy Cottam, and Patrick Clarke. "The law of contract." Construction Law Handbook 2007, no. 1 (January 2007): 445–66. http://dx.doi.org/10.1680/clh.2007.1.445.

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Bowdery QC, Martin, Guy Cottam, and Patrick Clarke. "The law of contract." Construction Law Handbook 2008, no. 9 (January 2008): 445–67. http://dx.doi.org/10.1680/clh.2008.2008.9.445.

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38

MacNeil, Ian R., and Hugh Collins. "The Law of Contract." Journal of Law and Society 14, no. 3 (1987): 373. http://dx.doi.org/10.2307/1410192.

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39

Eisenberg, Melvin A. "Mistake in Contract Law." California Law Review 91, no. 6 (December 2003): 1573. http://dx.doi.org/10.2307/3481399.

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Eisenberg, Melvin A. "Disclosure in Contract Law." California Law Review 91, no. 6 (December 2003): 1645. http://dx.doi.org/10.2307/3481400.

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Klijnsma, Josse. "Contract Law as Fairness." Ratio Juris 28, no. 1 (February 17, 2015): 68–88. http://dx.doi.org/10.1111/raju.12067.

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42

Lucy, William. "Philosophy and Contract Law." University of Toronto Law Journal 54, no. 1 (2004): 75–108. http://dx.doi.org/10.1353/tlj.2004.0003.

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43

Sweet & Maxwell Ltd. "The law of contract." Computer Law & Security Review 8, no. 2 (March 1992): 56. http://dx.doi.org/10.1016/0267-3649(92)90087-p.

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44

Cressey, Julia. "Ewan McKendrick,Contract Law." Law Teacher 48, no. 1 (January 2, 2014): 115–17. http://dx.doi.org/10.1080/03069400.2013.875693.

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45

MacMahon, Paul. "Conflict and Contract Law." Oxford Journal of Legal Studies 38, no. 2 (2018): 270–98. http://dx.doi.org/10.1093/ojls/gqy011.

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46

Poillot, Elise. "Consumer and contract law." ERA Forum 6, no. 1 (January 2005): 36–44. http://dx.doi.org/10.1007/s12027-005-0006-4.

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Poillot, Elise. "Consumer and contract law." ERA Forum 7, no. 1 (January 2006): 36–44. http://dx.doi.org/10.1007/s12027-006-0052-6.

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48

Kei, Chan Ka. "“Contract” in Comparative Law." Beijing Law Review 14, no. 04 (2023): 1660–72. http://dx.doi.org/10.4236/blr.2023.144091.

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49

Šírová, Lucia. "Misrepresentation Under English Contract Law and its Comparison to Slovak Contract Law." International and Comparative Law Review 16, no. 2 (December 1, 2016): 197–208. http://dx.doi.org/10.1515/iclr-2016-0024.

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Summary The aim of this paper is to introduce and analyse the concept of misrepresentation under the English contract law. In this regard, the paper primarily deals with the distinction between a term and a representation, key elements of misrepresentation, types of misrepresentation and remedies available to misrepresentees once the misrepresentation has been established. Furthermore, the author subsequently also presents a brief analysis of the Slovak contract law in order to identify any statutory provisions which could be applied to situations where a contract governed by the Slovak law contains representations and outlines what remedies are eventually available in situations where such representations later turn out to be false.
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KOGUCHI, Hikota. "From The Unified Contract Law To The Contract Law of Civil Code." Japanese Journal of Real Estate Sciences 35, no. 3 (December 27, 2021): 54–61. http://dx.doi.org/10.5736/jares.35.3_54.

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