Log in

Relevant bibliographies by topics / Contracts Obligations (Law) / Journal articles

To see the other types of publications on this topic, follow the link: Contracts Obligations (Law).

Journal articles on the topic 'Contracts Obligations (Law)'

Author: Grafiati

Published: 4 June 2021

Last updated: 9 February 2022

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 journal articles for your research on the topic 'Contracts Obligations (Law).'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.

1

Morris, Andrew J. "Practical Reasoning and Contract as Promise: Extending Contract-based Criteria to Decide Excuse Cases." Cambridge Law Journal 56, no. 1 (1997): 147–74. http://dx.doi.org/10.1017/s0008197300017797.

Full text

Abstract:

Two competing conceptions of contractual obligation dominate modern contract theory. “Neo-classical” scholars characterise contracts primarily as self-imposed, promissory obligations, while “progressive” scholars contend that contracts are primarily state-imposed obligations that have more in common with restitution and tort. Most theorists, located somewhere between these poles, divide the contractual domain into zones of self- and state-imposed obligations but disagree about where to draw the border. This essay considers one of the difficult border areas, the law of impossibility, frustratio

APA, Harvard, Vancouver, ISO, and other styles

2

Venetska, Maryna. "Terms of fulfillment of the contractual obligation: law enforcement problems." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 330–40. http://dx.doi.org/10.33663/0869-2491-2021-32-330-340.

Full text

Abstract:

The article is devoted to the issues of legal regulation and law enforcement practice of determining the terms of performance and termination of contractual obligations, in particular, given the ambiguity of interpretation in practice of terms of termination of contract and terms of termination of obligations, including security. The urgency of the problem lies in the ambiguity of the interpretation in practice of the terms of termination of the contract and the terms of termination of obligations, which, as can be seen, is a consequence of the insufficiently successful legal regulation of thi

APA, Harvard, Vancouver, ISO, and other styles

3

Churilov, Alexey. "Smart Contracts and the Principles of the Law of Obligations." Legal Concept, no. 1 (April 2021): 113–17. http://dx.doi.org/10.15688/lc.jvolsu.2021.1.17.

Full text

Abstract:

Introduction: the digitalization of public relations and the emergence of smart contracts have created the need to study what a smart contract is and whether it is subject to the general principles of the law of obligations. Methods: the methodological framework for the research is a set of methods of scientific knowledge, among which the main ones are the methods of historicism, consistency, and analysis. Results: the possibility of extending the principles of the law of obligations to the relations of the parties when they conclude a smart contract is analyzed. Conclusions: the conclusion is

APA, Harvard, Vancouver, ISO, and other styles

4

Butsan, Marharyta. "Performance of obligations in modern civil law." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 414–17. http://dx.doi.org/10.36695/2219-5521.1.2020.82.

Full text

Abstract:

The article considers the notion of performance. Treaty obligations were the most common in the civil turnover. Their performance depends to a large extent the stability of the economy and society as a whole. Of particular importance are norms of civil legislation implementing the Treaty obligation. They are used daily in practical activities of legal entities and citizens. The performance of an obligation – it is always a process that takes some period of time and consists of a series of actions of the debtor and the creditor. Debtor proposes the execution, the creditor accepts it. The articl

APA, Harvard, Vancouver, ISO, and other styles

5

Abdulla O'g'li, Abdullayev Nurulla. "National And Foreign Experience In Determining The Conclusion Of Civil Law Contracts." American Journal of Political Science Law and Criminology 3, no. 05 (2021): 22–28. http://dx.doi.org/10.37547/tajpslc/volume03issue05-04.

Full text

Abstract:

The emergence of rights and obligations between citizens and legal entities is based on a specific event or phenomenon. Such events are called legal facts in civil law. Article 8 of the Civil Code of the Republic of Uzbekistan lists the types of such legal facts, according to which civil rights and duties arise from contracts and other agreements provided by law, as well as from contracts and other agreements that do not contradict the law. The contract and its structure are the basis for the creation of civil rights and obligations as a legal fact. The conclusion of a contract is primarily an

APA, Harvard, Vancouver, ISO, and other styles

6

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

Full text

Abstract:

A contract is a written agreement between a Sharia Bank or a Sharia Business Unit and another party that contains the obligation for parties in accordance with sharia principles, this is a definition according to the Sharia Banking Law. A contract is a legal relationship between parties that creates rights and obligations that are exchanged by the parties. An agreement is an event someone promises to another person or somewhere two people promise to do something or plan. All three are equated in the concept of business law engagement. The difference between the agreement and the contract accor

APA, Harvard, Vancouver, ISO, and other styles

7

Chub, D. V. "Legal regulation of smart contracts in France." Actual Problems of Russian Law, no. 8 (September 20, 2019): 151–58. http://dx.doi.org/10.17803/1994-1471.2019.105.8.151-158.

Full text

Abstract:

The paper is devoted to the legal regulation of smart contracts in French law. The question of the admissibility of the use of smart contracts in economic relations is considered. Particular attention is given to the French legal doctrine in the issue of formulating the definition of “smart contract” and identifying its characteristic features, the various points of view of French legal scholars are compared. Examples of the most effective use of a smart contract in economic relations are given. The problems of applying contractual legal obligations and obligations of French law to smart contr

APA, Harvard, Vancouver, ISO, and other styles

8

Bagchi, Aditi. "Voluntary Obligation and Contract." Theoretical Inquiries in Law 20, no. 2 (2019): 433–55. http://dx.doi.org/10.1515/til-2019-0017.

Full text

Abstract:

Abstract Absent mistake or misrepresentation, most scholars assume that parties who agree to contract do so voluntarily. Scholars tend further to regard that choice as an important exercise in moral agency. Hanoch Dagan and Michael Heller are right to question the quality of our choices. Where the fundamental contours of the transaction are legally determined, parties have little opportunity to exercise autonomous choice over the terms on which they deal with others. To the extent that our choices in contract do not reflect our individual moral constitutions — our values, virtues, vices, the s

APA, Harvard, Vancouver, ISO, and other styles

9

Pratt, Michael G. "Promises, Contracts and Voluntary Obligations." Law and Philosophy 26, no. 6 (2007): 531–74. http://dx.doi.org/10.1007/s10982-006-9003-1.

Full text

APA, Harvard, Vancouver, ISO, and other styles

10

Hunt, Chris D. L. "GOOD FAITH PERFORMANCE IN CANADIAN CONTRACT LAW." Cambridge Law Journal 74, no. 1 (2015): 4–7. http://dx.doi.org/10.1017/s0008197315000112.

Full text

Abstract:

IN Mellish v Motteux (1792) 170 E.R. 113, 157, Lord Kenyon observed that “in contracts of all kinds, it is of the highest importance that courts of law should compel the observance of honesty and good faith”. This passage echoes a similar statement by Lord Mansfield 25 years earlier in Carter v Boehm (1766) 97 E.R. 1162, 1910. Despite these early statements of principle, the modern common law has been notoriously hostile to the notion that contracting parties are under a general duty of good faith in the performance of their obligations (see W.P. Yee, “Protecting Parties' Reasonable Expectatio

APA, Harvard, Vancouver, ISO, and other styles

11

Lachner, Višnja, and Jelena Kasap. "The foundations of creditor's liability in gratuitous contracts in Croatian medieval law." Zbornik radova Pravnog fakulteta Nis 59, no. 89 (2020): 205–26. http://dx.doi.org/10.5937/zrpfn0-28603.

Full text

Abstract:

Gratuitous contracts (bailments) are the most common legal affairs in everyday legal transactions. On the one hand, their informal nature that distinguishes them from other legal affairs facilitates their application; on the other hand, it complicates the legal position of the contracting parties in case of breach of contractual obligations. Liability for breach of contractual obligation equally affects both contracting parties: the creditor and the debtor. In accordance with the principle of utility, the debtor is a contracting party that benefits most from the conclusion of a gratuitous cont

APA, Harvard, Vancouver, ISO, and other styles

12

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

Full text

Abstract:

Abstract The global economic impact of reinsurance has increased significantly in recent years, leading to a desire for more certainty in the legal interpretation of reinsurance contracts as the number of disputes increases. Reinsurance contract wordings are not regulated by any overarching statutory law or regulations, in part due to the transnational nature of most reinsurance business. Additionally, reinsurance contracts have historically been interpreted by applying only general principles of contract law and good faith obligations with a heavy emphasis on the parties practice, usage and c

APA, Harvard, Vancouver, ISO, and other styles

13

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

14

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

15

Solechan, Solechan. "The Concept of Private-Administration Contracts in Settling Problems in Government Goods/Services Procurement Contracts." International Journal of Criminology and Sociology 10 (April 30, 2021): 662–67. http://dx.doi.org/10.6000/1929-4409.2021.10.77.

Full text

Abstract:

Contracts for the procurement of government goods/services are the realm of private law that implements pure private contracts. A legal relationship in a private contract, especially in a contract settlement, is a relationship between the settlement of the rights and obligations of the parties. This study describes the settlement of government goods/service procurement contracts that require a legal basis both in principle and theory. By using the conceptual analysis method, the findings indicate an inconsistency in solving a legal problem in a government procurement contract, where private le

APA, Harvard, Vancouver, ISO, and other styles

16

Radovanović, Sanja, and Nikolina Miščević. "On the division to nonexistent and void contracts in domestic law." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 1 (2020): 267–87. http://dx.doi.org/10.5937/zrpfns54-25488.

Full text

Abstract:

In the Law on Obligations, in the part that regulates invalidity of contracts only void and voidable contracts are mentioned. However, domestic theory often speaks of the further division of the void contracts to inexistent contracts and void contracts in the narrow sense. While some deny any practical significance to this division, others point out the necessity of its existence. The paper analyzes the perceptions of domestic authors on this division, the arguments made in favor of distinguishing nonexistent from void contracts, as well as the rules of the Law on Obligations, in order to exam

APA, Harvard, Vancouver, ISO, and other styles

17

Tomanek, Artur. "Klauzule autonomiczne umów o pracę — zagadnienia pojęciowe." Przegląd Prawa i Administracji 117 (December 20, 2019): 133–45. http://dx.doi.org/10.19195/0137-1134.117.11.

Full text

Abstract:

AUTONOMOUS CLAUSES OF LABOUR CONTRACTS — CONCEPTUAL ISSUESThe starting point of this article is the notion of an autonomous clause which was introduced into the theory of Polish labour law by Marcin Święcicki. The author of the text maintains that an employer and an employee have the freedom to agree upon autonomous clauses of a labour contract. The above-mentioned clauses are separate contracts which are amended and terminated according to rules which are different from those relating to the main contract contract of labour. The autonomous clauses form rights and obligations of the parties of

APA, Harvard, Vancouver, ISO, and other styles

18

Scaglione, Francesco. "Trust and disclosure in european contract law." Revista Internacional Jurídica y Empresarial, no. 1 (February 15, 2018): 75–85. http://dx.doi.org/10.32466/eufv-r.i.j.e.2017.1.293.75-85.

Full text

Abstract:

The paper analyses the reasons for a correct formation of the exchange contract in a market economy, in order to safeguard its operation in a competitive sense. In particular, it highlights the importance of protecting the trust of the contracting parties with respect to reciprocal disclosure obligations that prevent the conclusion of asymmetric contracts, which by definition are unfair and inefficient.

APA, Harvard, Vancouver, ISO, and other styles

19

Levy, Karen E. C. "Book-Smart, Not Street-Smart: Blockchain-Based Smart Contracts and The Social Workings of Law." Engaging Science, Technology, and Society 3 (February 17, 2017): 1. http://dx.doi.org/10.17351/ests2017.107.

Full text

Abstract:

This paper critiques blockchain-based “smart contracts,” which aim to automatically and securely execute obligations without reliance on a centralized enforcement authority. Though smart contracts do have some features that might serve the goals of social justice and fairness, I suggest that they are based on a thin conception of what law does, and how it does it. Smart contracts focus on the technical form of contract to the exclusion of the social contexts within which contracts operate, and the complex ways in which people use them. In the real world, contractual obligations are enforced th

APA, Harvard, Vancouver, ISO, and other styles

20

Ernst, Wolfgang. "New Rules of Breach of Contract in Germany." Cambridge Yearbook of European Legal Studies 5 (2003): 333–56. http://dx.doi.org/10.1017/s1528887000004389.

Full text

Abstract:

In 2001 the German legislator passed a law for the ‘Modernisation of the Law of Obligations’ (Schuldrechtsmodernisierungsgesetz—SMG). It encompassed new rules on breach of contract, a wholly new law of limitation of actions and new provisions for contracts of sale, contracts for services and loan. By the same Act the existing statute on standard contracts (Gesetz über Allgemeine Geschäftsbedingungen) and various other statutes for the protection of consumers were integrated into the German Civil Code (Bürgerliches Gesetzbuch—BGB). It was the most extensive amendment of the BGB since its enactm

APA, Harvard, Vancouver, ISO, and other styles

21

Karatash, Mustafa, and Rakhmanov Abdumukhtor Rejjabbaevich. "Islamic System Of Human Rights And Types Of Contracts In Islamic Law." American Journal of Political Science Law and Criminology 03, no. 06 (2021): 147–52. http://dx.doi.org/10.37547/tajpslc/volume03issue06-22.

Full text

Abstract:

The article deals with the application of the norms of Islamic law on obligations and contracts, particularly, principles of close to the moral values of our people, and calls on the parties to contracts to be honest and conscientious in their obligations, timely and proper execution, tolerance and generosity, at the same time some types of contacts in Islamic law such as muzaraba, musharaka and murabah are discussed in detail.

APA, Harvard, Vancouver, ISO, and other styles

22

Ernst, Wolfgang. "New Rules of Breach of Contract in Germany." Cambridge Yearbook of European Legal Studies 5 (2003): 333–56. http://dx.doi.org/10.5235/152888712802784243.

Full text

Abstract:

In 2001 the German legislator passed a law for the ‘Modernisation of the Law of Obligations’ (Schuldrechtsmodernisierungsgesetz—SMG). It encompassed new rules on breach of contract, a wholly new law of limitation of actions and new provisions for contracts of sale, contracts for services and loan. By the same Act the existing statute on standard contracts (Gesetz über Allgemeine Geschäftsbedingungen) and various other statutes for the protection of consumers were integrated into the German Civil Code (Bürgerliches Gesetzbuch—BGB). It was the most extensive amendment of the BGB since its enactm

APA, Harvard, Vancouver, ISO, and other styles

23

Farah, Ahmad Qasim. "Duty of the Insured to Disclose Risks in Terrestrial Insurance Contracts in Jordan, Uae and France: An Analytical Study Upheld by Recent Decisions of Courts of Cassation." Arab Law Quarterly 29, no. 3 (2015): 199–245. http://dx.doi.org/10.1163/15730255-12341299.

Full text

Abstract:

Good faith is the fundamental principle upon which insurance contracts are based that requires the party seeking insurance to disclose all potential risks about which the insurer must be aware, whether before conclusion or during coverage of the contract. In cases of misrepresentation or concealment, the insurer may terminate the contract or request a proportionate remedy. Analysis of the positions adopted by the Jordanian and Emirati legislatures, compared to that of the French, shows that the French legislature provides certain solutions to problems that both other legislatures seem to have

APA, Harvard, Vancouver, ISO, and other styles

24

Tsokur, E. F., and O. B. Novruzova. "THE CONCEPT OF COMPETITIVE COMMITMENTS: CERTAIN ASPECTS OF CIVIL LAW REGULATION." Proceedings of the Southwest State University 21, no. 5 (2017): 158–63. http://dx.doi.org/10.21869/2223-1560-2017-21-5-161-167.

Full text

Abstract:

The article is devoted to several aspects of civil regulation of the competitive obligation. High importance and poor practical readiness of the above problem determine the undoubted novelty of the work. Further attention to the issue of civil regulation of the competitive obligation need for more deep and reasonable permission of civil law actual problems. Competitive obligations represent one more type of obligations from unilateral actions. In them lines of obligations which in private law of foreign countries are called quasicontract are well shown. The contents of these obligations can co

APA, Harvard, Vancouver, ISO, and other styles

25

Kanamugire, Jean Chrysostome. "Specific performance as a primary remedy in the South African law of contract." Corporate Board role duties and composition 11, no. 2 (2015): 65–72. http://dx.doi.org/10.22495/cbv11i2art5.

Full text

Abstract:

Specific performance is a primary remedy for breach of contract available for the aggrieved party. This order emphasises the performance of contractual obligations. Although the plaintiff can elect to claim specific performance from the defendant, the court has a discretion to grant or decline the order of specific performance. The discretion must be exercised judicially and does not confine on rigid rules. Courts decide each case according to its own facts and circumstances. Plaintiff has a right of election whether to claim specific performance from the defendant or damages for breach of con

APA, Harvard, Vancouver, ISO, and other styles

26

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

Full text

Abstract:

The subject of the research in this paper are automotive operating lease contracts in the Croatian business practice. The provisions of the general terms and conditions for operating lease contracts of the Croatian leasing companies are being analysed, particulary those relating to the rights and obligations of the parties to the contract after the operating lease contract was terminated and the motor vehicle returned to the lessor. The existence of three contractual models of the automotive operating lease contract in the Croatian business practice is established, which vary with regard to th

APA, Harvard, Vancouver, ISO, and other styles

27

Praštalo, Tanja. "Justification of the Usury Contract in the Law of the Republic of Serbia: Advantages and Disadvantages." Economic Themes 58, no. 4 (2020): 517–27. http://dx.doi.org/10.2478/ethemes-2020-0029.

Full text

Abstract:

Abstract A usury contract is a null and void contract whereby someone, using the condition of another’s misfortune or material hardship, lack of experience, recklessness, or dependency, obtains for himself or for a third party a benefit that is clearly disproportionate to what he or she has given or done in return or committed to give or do. The usury contract violates one of the basic principles of the law of obligations, which is the principle of equality of obligations, in other words, the equality of the value of mutual benefits of the contracting parties. Although the legal definition of

APA, Harvard, Vancouver, ISO, and other styles

28

Zheng, Xu (Vivian), David A. Griffith, Ling Ge, and Uri Benoliel. "Effects of Contract Ambiguity in Interorganizational Governance." Journal of Marketing 84, no. 4 (2020): 147–67. http://dx.doi.org/10.1177/0022242920910096.

Full text

Abstract:

This work introduces the concept of contract ambiguity from the law literature into the interorganizational governance literature. Within the context of franchising, the authors present a three-study multimethod design empirically establishing the construct of contract ambiguity of franchisor obligations, providing new insights into the strategic design of contracts and their outcomes. In Study 1, the authors establish construct validity by demonstrating that contract ambiguity of franchisor obligations is distinct from contract specificity and contract completeness of franchisor obligations,

APA, Harvard, Vancouver, ISO, and other styles

29

FAUVARQUE-COSSON, BÉNÉDICTE, and FRANÇOIS ANCEL. "Is Renovating the General Law of Contracts Useful? The French Experience." Право України, no. 2019/03 (2019): 220. http://dx.doi.org/10.33498/louu-2019-03-220.

Full text

Abstract:

The ordonnance of 10 February 2016 for the reform of contract law, of the general regime and of proof of obligations came into force on 1 October 2016. Further changes were made by the legislator in 2018. This reform modifies one of the most important part of the Code civil: the provisions on contracts and obligations The reform aims at giving more accessibility and clarity to French contract law, and it undeniably has already made it more attractive internationally. In this paper, we explain why, in an international world where contracting parties can chose the law applicable to their contrac

APA, Harvard, Vancouver, ISO, and other styles

30

Kwiecień, Sebastian. "The Worker’s Employment Contract—the Legal Regulations of Interwar Poland." Roczniki Nauk Prawnych 28, no. 4 ENGLISH ONLINE VERSION (2019): 73–97. http://dx.doi.org/10.18290/rnp.2018.28.4-5en.

Full text

Abstract:

In independent Poland, the foundations for a new area of law, that is, labour law were laid, abandoning the previously crucial principle of freedom of contract underlying the contractual relationship between an employee and the employer. On March 16, 1928, the President of the Republic of Poland issued an ordinance on labour contracts, defining mutual obligations of employees and their employers under an employment contract based on which the employee undertook to perform work for the employer against remuneration. The legislator permitted the conclusion of employment contracts in writing, ora

APA, Harvard, Vancouver, ISO, and other styles

31

Mitchell, C. "Obligations in Commercial Contracts: A Matter of Law or Interpretation?" Current Legal Problems 65, no. 1 (2012): 455–88. http://dx.doi.org/10.1093/clp/cus005.

Full text

APA, Harvard, Vancouver, ISO, and other styles

32

Mohd Noor, Nurul Syazwani, Muhammad Hakimi Mohd. Shafiai, and Abdul Ghafar Ismail. "The derivation of Shariah risk in Islamic finance: a theoretical approach." Journal of Islamic Accounting and Business Research 10, no. 5 (2019): 663–78. http://dx.doi.org/10.1108/jiabr-08-2017-0112.

Full text

Abstract:

Purpose This paper aims to propose a derivation of Shariah risk from both the Islamic finance theory and theory of contracts in Islamic law. Specifically, it deliberates the derivation of Shariah risk following the contracts validity and apprises the readers of the Shariah risk issues currently under debate. Design/methodology/approach This study reviews the relevant literature and presents an analysis of contract rulings through evidence derived from the Qur’an, Hadith and other secondary sources of Islamic law. Various theories of Islamic finance and Islamic law of contracts are identified,

APA, Harvard, Vancouver, ISO, and other styles

33

Marina, Venetskay. "Expansion of party replacement designs in the commitment in the civil law of Ukraine." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 298–305. http://dx.doi.org/10.33663/0869-2491-2020-31-298-305.

Full text

Abstract:

The article is devoted to improving the legal regulation of the replacement of a party to an obligation in the civil legislation of Ukraine, taking into account the needs of civilian turnover and economic practice. The reasonability of the additional settlement of issues of reimbursement of contracts for the assignment of claims and compensation for additional costs associated with such a concession, as well as the introduction of the institution of the assignment of contracts into Ukrainian civil law, is argued. The lack of a direct indication of the law on the remuneration of a claim for ass

APA, Harvard, Vancouver, ISO, and other styles

34

Kiselova, O. I., and R. V. Kokhtenko. "THE FAMILY-LEGAL AGREEMENTS TA THEIR ROLE IN RESOLVING FAMILY DISPUTES." Legal horizons, no. 17 (2019): 49–53. http://dx.doi.org/10.21272/legalhorizons.2019.i17.p:49.

Full text

Abstract:

The article defines a definition of the family – law contract, its purpose, and analyzes the peculiarities of contractual regulation of family disputes. In the consideration of the premises of the current family- law of Ukraine, the article deals with the peculiarities of the construction of the family-legal contract, namely. Classification of the family –law contracts, which can be concluded between individuals – subjects of family legal relations based on the provisions of the norms of the Family Code of Ukraine. It is determined that the family-legal agreement is a private-law act, which is

APA, Harvard, Vancouver, ISO, and other styles

35

Welling, Bruce. "Former corporate managers, fiduciary obligations, and the public policy in favor of competition." Les Cahiers de droit 31, no. 4 (2005): 1095–124. http://dx.doi.org/10.7202/043056ar.

Full text

Abstract:

In common law sytstems corporate managers owe fiduciary obligations to their corporations. This has complicated the legal analysis of competitive business activities by former corporate managers, particularly since the 1974 Supreme Court of Canada decision in Canaero. Other former corporate employees have long been allowed to compete with their ex-employers, so long as they do not use their ex-employers' property or breach terms of any contracts restraining their business activities. Attempts to contract to restrain future competitive business activities have long been restricted by the public

APA, Harvard, Vancouver, ISO, and other styles

36

Dudaš, Atila. "Conformity of goods and guarantee in Hungarian law: Example of transposition of Directive 1999/44/EC by amending the general rules of contract law." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 3 (2020): 1043–64. http://dx.doi.org/10.5937/zrpfns54-29420.

Full text

Abstract:

In 2002 Hungary transposed the Directive 1999/44/EC on certain aspects of sale of consumer goods and associated guarantees, by amending the Civil code of 1959, rather than integrating the rules of the Directive into the then-effective Law on the Protection of Consumers of 1997. Such an approach reveals some advantages if compared to the Serbian law. Namely, in Serbia the former Law on the Protection of Consumers of 2010 introduced special rules pertaining to conformity and guarantees in consumer sales contracts. Consequently, the need arose to limit their scope of application from the general

APA, Harvard, Vancouver, ISO, and other styles

37

Khanderia, S. "Transnational Contracts and Their Performance During the COVID-19 Crisis: Reflections from India." BRICS Law Journal 7, no. 3 (2020): 52–80. http://dx.doi.org/10.21684/2412-2343-2020-7-3-52-80.

Full text

Abstract:

The outbreak of COVID-19 has severely impacted the performance of contracts across the globe. In some situations, the outbreak may render the performance of contracts impossible as a result of governmental restrictions in the form of national lockdowns to curb the spread of the virus. In other situations, the pandemic may adversely impact the execution of contractual obligations by dramatically affecting the price of the performance and, thus, resulting in hardship or commercial impracticability, while in certain situations the pandemic may be legally construed to not affect the performance of

APA, Harvard, Vancouver, ISO, and other styles

38

Grin, O. S., E. S. Grin, and A. V. Solovyov. "The Legal Design of the Smart Contract: The Legal Nature and Scope of Application." Lex Russica, no. 8 (August 29, 2019): 51–62. http://dx.doi.org/10.17803/1729-5920.2019.153.8.051-062.

Full text

Abstract:

Within the framework of this article, the authors carry out the study of the design of the smart contract in the context of jurisprudence and technical sciences. The paper analyzes the legal nature of the smart contract and the issues concerning the scope of application (in relation to distributed ledger technology).The authors conclude that the category of “smart contract” can be defined in technical and legal aspects. In foreign literature, there are two categories: a legal smart contract and a smart contract code (or smart contract). The smart contract as a technical phenomenon represents a

APA, Harvard, Vancouver, ISO, and other styles

39

Syamsi, Achmad Badarus, and Galuh Widitya Qomaro. "Perlindungan Hukum Perjanjian Bagi Hasil Petani Garam di Kabupaten Pamekasan dalam Perspektif Hukum Islam dan Hukum Perdata." Al-Manahij: Jurnal Kajian Hukum Islam 14, no. 1 (2020): 35–50. http://dx.doi.org/10.24090/mnh.v14i1.3316.

Full text

Abstract:

The function of approval in an agreement (contract) is as a statement between the two parties on their respective rights and obligations so that if there are parties whose rights are not fulfilled, they can feel protected and demand these rights. Therefore, it is appropriate that an agreement on a contract must be carried out properly so that it can guarantee the rights of both parties. Madura Island is the best salt field in Indonesia, so there are many contracts between farmers and salt landowners. This article discusses the pattern of revenue sharing between farmers and salt landowners in P

APA, Harvard, Vancouver, ISO, and other styles

40

Bogdanova, E. E. "Problems of Smart Contracts Application in Transactions in Virtual Property." Lex Russica, no. 7 (July 31, 2019): 108–18. http://dx.doi.org/10.17803/1729-5920.2019.152.7.108-118.

Full text

Abstract:

The author examines the features of the use of smart contracts in transactions in virtual property, taking into account the fact that the smart contract is a way of fulfilling those obligations in which the transfer of property provision takes place in the virtual world with the help of appropriate technical means. It should be recognized that the list of virtual property is open, at the moment it includes, for example, cryptocurrency, domain names, «game property», virtual tokens.The question of the legal nature of objects related to virtual property is relevant: are they a new independent ty

APA, Harvard, Vancouver, ISO, and other styles

41

Прокофьев, Александр, Aleksandr Prokofiev, Валерия Смирнова, and Valeriya Smirnova. "Certain Issues Concerning Legal Regulation of Trade Mark License Contracts." Journal of Russian Law 3, no. 7 (2015): 0. http://dx.doi.org/10.12737/11743.

Full text

Abstract:

The article examines current legal problems which arise in connection with trade mark license contracts. In the contemporary business environment a problem of liability for non-ensuring quality control under trade mark licensing law has become increasingly important. Restrictive business practices and regulation of parallel import is another concern. Authors analyze not only provisions of the substantive law but also legal regulation of the relevant issues concerning the conflict of laws rules. The article also tackles a major problem in the sphere of international private law: correlation of

APA, Harvard, Vancouver, ISO, and other styles

42

Mosavi, Syed Abolhasan, and Abdolmohammad Afrogh. "Investigation and Comparison of Time and Location of Contract Conclusion in Iranian Electronic Commerce Act and UNCITRAL Model Law." Journal of Politics and Law 10, no. 1 (2016): 32. http://dx.doi.org/10.5539/jpl.v10n1p32.

Full text

Abstract:

Cyberspace is considered as one of the most modern means for conclusion of contracts and meeting the obligations arising from that, particularly in commercial transactions. The nature of electronic contracts- in terms of creditability, form and homogeneity with public disciplines and regulations of civil law about the contracts- is a new topic based on which recognition and investigation on the legal effects depend on formal structure of cyberspace and information and communication technology concepts known in this area. Present work mainly investigates following items: Electronic contract con

APA, Harvard, Vancouver, ISO, and other styles

43

Davis, Terrence, Peter Newson Thurlow, Peter Dix, and Shy Jackson. "Discussion: Good faith obligations in NEC contracts and Construction Law Quarterly." Proceedings of the Institution of Civil Engineers - Management, Procurement and Law 170, no. 5 (2017): 218–19. http://dx.doi.org/10.1680/jmapl.17.00033.

Full text

APA, Harvard, Vancouver, ISO, and other styles

44

Fras, Mariusz. "The Group Insurance Contract in Private International Law." Netherlands International Law Review 66, no. 3 (2019): 507–35. http://dx.doi.org/10.1007/s40802-019-00146-2.

Full text

Abstract:

Abstract The provisions on obligations under insurance relationships included in Article 7 of the Rome I Regulation are relatively complicated. However, although individual insurance contracts have their own legal regime in each Member State, only a few national legislators have decided to lay down the consequences of concluding a group insurance agreement. The Rome I Regulation does not include any special conflict of laws rule concerning group insurance contracts, which has been criticized in the literature on the subject.

APA, Harvard, Vancouver, ISO, and other styles

45

Meier, Sonja. "Unwinding Failed Contracts: New European Developments." Edinburgh Law Review 21, no. 1 (2017): 1–29. http://dx.doi.org/10.3366/elr.2017.0387.

Full text

Abstract:

Two recent European reform projects are the 2016 revision of the French Code Civil and an academic draft of a revised Swiss Law of Obligations. Both the new Code Civil and the Swiss draft contain specific chapters on the unwinding of failed contracts. Underlying these are the idea that the rules governing restitution for payments and other performances should be uniform, regardless of whether the contract is void, avoided, or terminated for breach. A similar tendency can be found in recent European model rules. The paper aims to evaluate whether uniform rules for the unwinding of failed contra

APA, Harvard, Vancouver, ISO, and other styles

46

Budnikova, Yu E. "LEGAL NATURE OF CONTRACTS IN THE FIELD OF ENTREPRENEURIAL FISHING." Bulletin of Udmurt University. Series Economics and Law 30, no. 1 (2020): 120–24. http://dx.doi.org/10.35634/2412-9593-2020-30-1-120-124.

Full text

Abstract:

The article analyzes the legal nature of contractual relations arising from the implementation of entrepreneurial fishing (industrial and coastal). The question under examination is to which type of contracts we can attribute obligations in the field of fisheries: civil law, business or natural resources. Norms of which branch of legislation should govern contractual relations in the field of fisheries? Contracts that generate entrepreneurial obligations in the field of fisheries, as well as provide the right to harvest (catch) aquatic biological resources, are at the same time the basis for t

APA, Harvard, Vancouver, ISO, and other styles

47

Mosavi, Seyed Abolhasan, and Abdolmohammad Afrogh. "Investigation and Comparison of Time and Location of Contract Conclusion in Iranian Electronic Commerce Act and UNCITRAL Model Law." Journal of Politics and Law 10, no. 1 (2016): 145. http://dx.doi.org/10.5539/jpl.v10n1p145.

Full text

Abstract:

Cyberspace is considered as one of the most modern means for the conclusion of contracts and meeting the obligations arising from that, particularly in commercial transactions. The nature of electronic contracts- in terms of credibility, form and homogeneity with public disciplines and regulations of civil law about the contracts- is a new topic based on which recognition and investigation on the legal effects depend on the formal structure of cyberspace and information and communication technology concepts known in this area. Present work mainly investigates following items: Electronic contra

APA, Harvard, Vancouver, ISO, and other styles

48

Абдуджалилов, Абдуджабар, and Abdudzhabar Abdudzhalilov. "Legal Description of the Contracts Concluded in the Internet." Journal of Russian Law 4, no. 2 (2016): 0. http://dx.doi.org/10.12737/17646.

Full text

Abstract:

The article is devoted to the problem of e-contracts performed in the virtual space of the Internet. Based on the analysis of the legal entity of electronic contracts, the main of which are the agreements on performance of information services, the author comes to the conclusion about the institutional failure of contractual relations and the absence of regulations regulation of such relations. In the virtual space of the Internet for real agreements of uncompensated services that contribute to radical change theoretical-methodological character on the entire institution of the law of obligati

APA, Harvard, Vancouver, ISO, and other styles

49

Sein, Karin, and Triin Uusen-Nacke. "Contracts of Carriage: Legislation and Case Law in Estonia." Review of Central and East European Law 35, no. 4 (2010): 341–68. http://dx.doi.org/10.1163/157303510x12650378240511.

Full text

Abstract:

AbstractOn 1 July 2002, the new Law of Obligations Act (LOA) entered into force in Estonia regulating inter alia contracts for the carriage of goods and contracts for the carriage of passengers. This article highlights these new regulations as well as relevant Estonian case law.The article demonstrates that, in respect of contracts for the carriage of goods, German legislation and case law have exerted considerable influence on the drafting of relevant provisions in the 2001 LOA as well as Estonian case law in this field. In addition, the importance of the the 1956 Convention on the Contract f

APA, Harvard, Vancouver, ISO, and other styles

50

Jayabalan, Sheela. "The Legality of Doctrine of Frustration in the Realm of Covid-19 Pandemic." Sociological Jurisprudence Journal 3, no. 2 (2020): 84–90. http://dx.doi.org/10.22225/scj.3.2.1900.84-90.

Full text

Abstract:

The outbreak of the novel coronavirus (“COVID-19-Outbreak”) has a potential impact in the performance of a contract. If a contract does not contain a force majeure clause, a contracting party may look to the common law doctrine of frustration to relieve it from its obligations. Unlike force majeure clauses which focuses on the parties' express intention on how to deal with supervening events, frustration is implied by law and thus would only be considered in the absence of an express force majeure clause. In Malaysia, the doctrine of frustration is codified in section 57(2) of the Contracts Ac

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!