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Journal articles on the topic 'Contractual act'

Author: Grafiati

Published: 28 May 2022

Last updated: 31 July 2025

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1

Pržeska, Tina, Rodna Živkovska, and Tea Lalevska. "Consequences of ambiguous regulation of the contractual pledge right in Macedonian property law." Zbornik radova Pravnog fakulteta Nis 63, no. 102 (2024): 15–31. http://dx.doi.org/10.5937/zrpfn1-53521.

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In the legal system of the Republic of North Macedonia, the right of contractual pledge has been regulated since 2003 by a separate legislative act which includes detailed provisions on the acquisition and application of the contractual pledge right. The Contractual Pledge Act (2003) was intended to compensate for the lack of provisions on the right of contractual pledge in the Ownership and Other Real Rights Act. However, the regulation of the contractual pledge right in the Contractual Pledge Act has proven insufficient and, in certain situations, inadequate for application in legal practice

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2

Ritika, K. "Pre-emptive Rights of Shareholders: An Indian Perspective." Business Law Review 44, Issue 1 (2023): 44–51. http://dx.doi.org/10.54648/bula2023002.

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Pre-emptive rights are legal relationships either created by a statute or through a contract. By the exercise of these rights, priority is given to the right holder over and above others as regards the potential acquisition of the relevant subject matter. Only upon refusal by such right holder, is this opportunity given to a third party to negotiate. In India, the statutory pre-emptive rights of a shareholder in a company have been recognized statutorily through the Companies Act, 2013, as well as by the extant security exchange laws. Whereas, in the case of contractual pre-emptive rights, the

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3

Kheng Aik, Tan, and DR PARDIS MOSLEMZADEH TEHRANI. "THE IMPACT OF COVID-19 ON CONTRACTUAL OBLIGATIONS IN MALAYSIA." UUM Journal of Legal Studies 14, no. 2 (2023): 425–55. http://dx.doi.org/10.32890/uumjls2023.14.2.1.

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The widespread Covid-19 pandemic has significantly impacted business and commerce across the globe, including Malaysia. As aresult, businesses throughout Malaysia may face the inability to perform their contractual obligations and may seek to determine whether they or their counterparty have any legal basis for the non-performance of those contractual obligations. This research used content analysis by categorizing the same theme and discussing the wording adopted in Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19) Act 2020, force majeure clause, and the doctri

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4

Omlor, Sebastian. "Unfair Contractual Terms under the EU Data Act." European Review of Private Law 32, Issue 2 (2024): 173–92. http://dx.doi.org/10.54648/erpl2024012.

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In January 2024, the EU Data Act (DA) came into force, which is a central building block of the EU Strategy for data. It contains special rules on control of unjust contractual terms. This article examines these provisions of the DA, explains their systematic relationship to other EU secondary law, in particular the Unfair Contract Terms Directive (UCTD), and looks at the impact on national contract law. The leitmotiv of the EU legislator to attach great importance to freedom of contract in commercial transactions is emphasized. This principle visibly influences the standard of clause control.

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Sándor, István. "The system of grounds for invalidity in Hungarian private law." European Integration Studies 18, no. 2 (2022): 48–60. http://dx.doi.org/10.46941/2022.e2.48-60.

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The study analyses the system of grounds for invalidity that has developed in Hungarian private law. One of the starting points is the distinction between nullity and contestability, which distinguishes, depending on the gravity of the error in the contract, between ipso iure invalidity (nullity) and invalidity, depending on the juridical act of the aggrieved party or person with legal interest. The other systematisation aspect was based on the dogmatic triad of conditions of validity, so it was grouped according to the error of contractual intention, the error in the contractual juridical act

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Intigam Garayeva, Aysel. "CONTRACTUAL CAPACITY OF MINORS." SCIENTIFIC WORK 65, no. 04 (2021): 133–36. http://dx.doi.org/10.36719/2663-4619/65/133-136.

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Capability is one of the essential factors that the validity of contract stipulates the existence of it. Contractual capability means capacity and competency of parties. Individuals, legal entities, as well as states and municipalities may act as a party in concluding a contract. In general, it is important for individuals to have full active legal capacity in order to enter into a contract without someone's approval. As a legal matter, there are certain groups of people who are presumed to have no or limited contractual capacity to make an agreement. Minors included in this group must comply

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7

Hejbudzki, Michał. "Zakaz praktyk nieuczciwie wykorzystujących przewagę kontraktową jako reguła kontraktowa przy zawieraniu umów z rolnikami." Opolskie Studia Administracyjno-Prawne 16, no. 2 (2019): 63–81. http://dx.doi.org/10.25167/osap.1176.

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The existing legal instruments in the area of trade in agricultural and food products in Poland were considered by the Polish legislature to be insufficient, which was an impetus for legislative work finalized by the adoption of the act on counteracting the unfair use of contractual advantage in the trade in agricultural and food products on 15 December 2016. The purpose of the research described in the article was to determine the normative dimension of the concept of unfair use of contractual advantage and the assessment of admissibility de lege lata for farmers to rely on protection under t

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Wieczerzyńska, Beata. "Postępowanie w sprawie praktyk nieuczciwie wykorzystujących przewagę kontraktową na rynku rolno-spożywczym jako nowy obszar aktywności administracji publicznej." Opolskie Studia Administracyjno-Prawne 16, no. 1 (4) (2019): 155–68. http://dx.doi.org/10.25167/osap.1168.

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The article is an attempt at analyzing selected provisions of the Act on Counteracting Unfair Use of Contractual Advantage in Agricultural and F ood Products turning to whether there is public interest in the need of public authority interrogation in contractual relationships (Civil Law) in B2B relations in the food and agricultural market and whether this material basis for this interference has been properly defined. “Public interest” as an objective of counteracting practices that unfairly uses the contractual advantage of suppliers or buyers, should be considered on the axiological basis o

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9

García Rivera, Claudia Patricia. "La teoría del riesgo en la compraventa." HUMAN REVIEW. International Humanities Review / Revista Internacional De Humanidades 11 (October 3, 2022): 205–15. https://doi.org/10.37819/humanrev.v11i.920.

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The Colombian Civil Code regulates the theory of risk in the contractual relationships that arise from the sale. The buyer is not the owner and bears the fortuitous loss of the thing, having to execute the payment provision knowing that the debtor will not meet theirs, in a situation that threatens the contractual balance of act. The theory is taken from French law, George Ripert (n. d) and adopted by the Colombian law. It is proposed that the cause of the contract, element of formation, and execution of the act is accepted in order to restrict the threat that puts the legal stability of the a

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10

García Rivera, Claudia Patricia. "La teoría del riesgo en la compraventa." HUMAN REVIEW. International Humanities Review / Revista Internacional De Humanidades 11 (October 3, 2022): 205–15. https://doi.org/10.37819/revhuman.v11i.920.

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The Colombian Civil Code regulates the theory of risk in the contractual relationships that arise from the sale. The buyer is not the owner and bears the fortuitous loss of the thing, having to execute the payment provision knowing that the debtor will not meet theirs, in a situation that threatens the contractual balance of act. The theory is taken from French law, George Ripert (n. d) and adopted by the Colombian law. It is proposed that the cause of the contract, element of formation, and execution of the act is accepted in order to restrict the threat that puts the legal stability of the a

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11

Makarov, Oleg V. "Agreements in Construction: The Past, the Present, the Future." Jurist 4 (April 22, 2021): 11–16. http://dx.doi.org/10.18572/1812-3929-2021-4-11-16.

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Taking into account the historical and legal aspects, the article examines the current problems of improving the system of contractual relations of construction activities. The doctrine’s lack of attention to the study of contractual relations on construction, taking into account the combination of socio-economic factors and trends in the development of civil and legal regulation, has been revealed. The theoretical development of the problems of unification and differentiation of contractual relations on construction taking into account the specifics of construction and installation works was

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Shutak, Ilya. "Legal technique of normative and contractual legislation." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 11(23) (June 11, 2021): 55–64. http://dx.doi.org/10.33098/2078-6670.2021.11.23.55-64.

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Purpose. The purpose of the study is to reveal the features of the legal technique of normative-contractual law-making of modern Ukraine. Methodology. First of all, the principles and techniques of formal-logical methodology are used. Elements of the structural-functional approach have been widely used. Thus, the identification of intersectoral relations in the normative-contractual form of state functions is based on the functional nature of law in general and contractual and regulatory means in particular, which allowed to distinguish two types of intersectoral relations in contractual and r

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13

Benz, Daria, Elena Kozlova, and Elena Silova. "OPPORTUNISM AND EFFICIENCY OF CONTRACTUAL RELATIONS IN RUSSIAN CORPORATIONS." CBU International Conference Proceedings 2 (July 1, 2014): 75–82. http://dx.doi.org/10.12955/cbup.v2.448.

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Issues related to research of the corporate sector efficiency are extremely important because it is the corporations, which act as a nucleus of almost any economic system. Efficiency of the corporations is largely due to internal corporate quality interactions, i.e. the level of contractual relations efficiency. In the existing economic literature, the questions of contractual relations efficiency still lack sufficient investigation. The present article examines the efficiency of the contractual relations and the factors affecting it, as well as problems of opportunism in Russian corporations

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14

Kirby, Justine. "Assignments and Transfers of Contractual Duties: Integrating Theory and Practice." Victoria University of Wellington Law Review 31, no. 2 (2000): 317. http://dx.doi.org/10.26686/vuwlr.v31i2.5956.

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While contractual rights are usually assignable, the extent to which contractual obligations may be "assigned" or otherwise "transferred" is unclear. In this article, Justine Kirby examines the common law, section 11 of the Contractual Remedies Act 1979, and accepted methods of "transferring" obligations, and then compares the effects of a purported assignment of obligations under New Zealand, English and United States law. She argues that the law should be clarified, and offers drafting suggestions to lawyers to give effect to parties' intentions while the law remains uncertain.

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15

Phillips, Ken. "Does Australia's Unfair Contracts Act Limit Or Enhance Contractual Freedom?" Economic Affairs 36, no. 3 (2016): 341–47. http://dx.doi.org/10.1111/ecaf.12191.

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16

Jakšić, Tomislav. "Smanjenje ugovorne kazne prema čl. 354. Zakona o obveznim odnosima." Zbornik Pravnog fakulteta u Zagrebu 72, no. 1-2 (2022): 565–90. http://dx.doi.org/10.3935/zpfz.72.12.16.

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The paper elaborates on the effects of Art. 354 of the Civil Obligations Act on the reduction of contractual penalty. According to this provision, the court will, at the request of the debtor, reduce the contractual penalty amount if it finds that the amount is disproportionately high, given the value and significance of the object of the obligation. The paper takes the position on the inadequacy of the value and significance of the subject of the obligation as a criterion for assessing the proportionality of the contractual penalty amount. At the same time, as a more appropriate measure, the

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17

Makarov, Igor I. "Topical issues of differentiation of self-defense of civil rights and arbitrariness." Vestnik Yaroslavskogo gosudarstvennogo universiteta im. P. G. Demidova. Seriya gumanitarnye nauki 16, no. 3 (2022): 468. http://dx.doi.org/10.18255/1996-5648-2022-3-468-479.

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The article examines the issues of differentiation of self-defense of civil rights and arbitrariness. The legislative differentiation of these legal institutions is necessary in order to avoid unjustified involvement of persons implementing measures of self-defense of violated rights to criminal liability for such a composition of a criminal act as arbitrariness. The most frequent cases of the implementation of self-defense measures in contractual, non-contractual relations and property relations are analyzed for their possible qualification as a criminal act in the form of arbitrariness. Reco

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18

Ziemiak, Michał. "Pre-contractual Information Duties of Insurers. A German and Polish Approach." Prawo Asekuracyjne 2, no. 99 (2019): 152–64. http://dx.doi.org/10.5604/01.3001.0013.5837.

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Information is the key element of consumers and customers protection in insurance. Implementation of Insurance Distribution Directive (IDD) by EU member states in 2018 was yet another step – at least in theory – in expanding access to basic knowledge about insurance products. Nevertheless, despite certain new solutions included in IDD, pre-contractual duties of insurers still remain primary source of mentioned information for policyholders. EU member states have adopted various approaches to IDD implementation and – in particular – legal shape of pre-contractual obligations of insurance contra

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19

Al Dajeh, Bakhit Moh’d. "The Legal Issues of Contractual Liability for the Act of the Thing “Comparative Study”." Journal of Ecohumanism 3, no. 7 (2024): 2169–76. http://dx.doi.org/10.62754/joe.v3i7.4366.

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Civil liability is based on a fundamental principle that anyone who causes harm through their fault is obligated to provide compensation. The essence of this principle is that an individual is held accountable only for their personal conduct, even if it takes the form of omission, particularly within the scope of contractual liability. However, there are always exceptions to the rule. Does an individual bear responsibility for the actions of objects used in the execution or hindrance of a contract, or for causing harm to the creditor, such as tools, means, or machinery used in conjunction with

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20

Bokani, Abubakar Mohammed. "AN APPRAISAL OF THE LEGAL CAPACITY AND CONTRACTUAL RIGHT OF THE CHILD UNDER THE CHILD’S RIGHT ACT, 2003." ABUAD Law Journal 12, no. 1 (2024): 153–72. http://dx.doi.org/10.53982/alj.2024.1201.09-j.

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It is a fundamental principle of law of contract that parties to contract are at liberty to enter into contract, and agree on the terms of the contract. Accordingly, the Child’s Right Act, 2003 (CRA 2003) and other Child’s Right laws of various states in Nigeria confer the child with the right to enter into contract. However, the law seems to limit the contractual right and capacity of the child to contract of necessaries. Consequently, a child does not possess the requisite legal capacity and right to enter into contracts in respect of non-necessaries. Unfortunately, CRA 2003,s 18 does not de

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21

Grad-Gyenge, Anikó. "The renewed bestseller clause of the copyright act." European Integration Studies 18, no. 1 (2022): 93–101. http://dx.doi.org/10.46941/2022.e1.93-101.

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The bestseller clause of the Copyright Act is an older legal institution of Hungarian copyright law. The rule was taken over by Hungarian law from the German Copyright Act. The bestseller clause provides protection for a creator in a weaker contractual position than the user. It provides effective assistance for the subsequent consideration of unforeseen circumstances at the time of the conclusion of the contract. Its primary purpose is to remedy the post-contractual shift in value using the special means of judicial amendment of the contract.The legal institution of the bestseller clause is a

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22

Werlauff, Erik. "New Danish Company Act on Shareholders Agreements: A Critical Evaluation." European Company Law 8, Issue 4 (2011): 161–64. http://dx.doi.org/10.54648/eucl2011029.

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The new Danish Company Act, effective as of 1 March 2010 and applicable to public and private companies alike, creates a sharp distinction between (the legal consequences of) shareholder obligations based on the company's articles of association and contractual obligations. Werlauff points at the undesirable effects of this legislation, in particular as to the enforcement of shareholder agreements.

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23

Manić, Samir. "Causa of contractual obligations as a precondition for valid formation of a mutually binding contract." Zbornik radova Pravnog fakulteta Nis 61, no. 94 (2022): 93–110. http://dx.doi.org/10.5937/zrpfn1-36451.

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The causa of a contractual obligation is one of the most obscure and controver-sial institutes of the civil law of obligations. The emergence of this institute may be traced back to Roman law but the concept of causa was first systematically present by the French jurist Jean Domat, who is considered to be the founder of the classical theory of causa. Under the influence of the French Civil Code, the Serbian legal order falls into causalistic legal orders. In Serbian law, the basic and most important provisions on causa are contained in relevant articles of the Civil Obligations Act which refer

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24

Park, YoungMok. "A Study on the Contractual Mistakes Act 1977 in New Zealand." Korea Law Review 86 (September 30, 2017): 413–48. http://dx.doi.org/10.36532/kulri.2017.86.413.

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Lewis, R., and J. FULBROOK. "The Jobseekers Act 1995: Consolidation With a Sting of Contractual Compliance." Industrial Law Journal 24, no. 4 (1995): 395–401. http://dx.doi.org/10.1093/ilj/24.4.395.

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26

Cvetković, Mihajlo. "Crypto as an object of contractual obligation under the Regulation on Markets in Crypto Asset (MICA) and the Digital Assets Act (DAA)." Zbornik radova Pravnog fakulteta Nis 62, no. 100 (2023): 159–87. http://dx.doi.org/10.5937/zrpfn0-48243.

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The paper examines the legal status and treatment of crypto assets in the context of contractual obligations. The analysis begins by considering the evolution from cryptocurrencies to crypto-goods, with special reference to definitions and terms used in the context of private law transactions. Then, the author focuses on the contractual parties under the EU Regulation on Markets in Crypto Asset (MiCa, 2023) and the Serbian Digital Assets Act (DA Act, 2020), where crypto-assets are predominantly treated as investment assets. Special attention is given to e-money tokens in the context of monetar

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Абдулин, Руслан Робертович. "Features of legal procedures in the consideration of disputes related to contractual relations." Юридические исследования, no. 1 (January 2023): 65–73. http://dx.doi.org/10.25136/2409-7136.2023.1.38430.

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The subject of the study is the peculiarities of legal procedures in the consideration of disputes related to contractual relations. The author of the article, by analyzing and summarizing scientific materials, materials of judicial practice, comes to the conclusion that in recent years, in the consideration of disputes related to contractual relations, the search for alternative ways to resolve emerging conflicts has been actualized. The author notes that legal procedures in the implementation of reconciliation of the parties in pre-trial, judicial and other alternative methods of dispute set

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Rosenvald, Nelson, and Wagner Inácio Dias. "Rebuilding the social function of contracts." Revista de Direito 15, no. 02 (2023): 01–19. http://dx.doi.org/10.32361/2023150216568.

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The social function is one of the most instigating principles in contractual relations. In the social function, contractual limits become more fluid, in order to conform to social needs and expectations. With the new regulation of private relations, arising from the Economic Freedom Law (Law act 13.874/19), the economic characteristics of the social function, already covered in the Brazilian Federal Constitution of 1988, gained special importance. This study seeks to demonstrate how the individual and the social aspects need to work together in the new universe of private relations.

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Gavamukulya, Charles. "Quality Management on Construction Projects in Uganda: The Impact of the Sale of Goods and Supply of Services Act, 2018 on FIDIC and PPDA Forms of Contract." European Journal of Applied Science, Engineering and Technology 3, no. 1 (2025): 110–13. https://doi.org/10.59324/ejaset.2025.3(1).09.

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This paper examines quality management in construction projects in Uganda, focusing on the impact of the Sale of Goods and Supply of Services Act, 2018 on FIDIC and PPDA contracts. It explores the standards of workmanship, material quality, and design liability, emphasising how statutory and contractual provisions shape these obligations. The study highlights the distinction between "reasonable skill and care" for designers and "fitness for purpose" for design-build contractors, illustrating how these standards influence project execution. Additionally, it analyses the legal implications of th

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Gavamukulya, Charles. "Quality Management on Construction Projects in Uganda: The Impact of the Sale of Goods and Supply of Services Act, 2018 on FIDIC and PPDA Forms of Contract." European Journal of Applied Science, Engineering and Technology 3, no. 1 (2025): 110–13. https://doi.org/10.59324/ejaset.2025.3(1).09.

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This paper examines quality management in construction projects in Uganda, focusing on the impact of the Sale of Goods and Supply of Services Act, 2018 on FIDIC and PPDA contracts. It explores the standards of workmanship, material quality, and design liability, emphasising how statutory and contractual provisions shape these obligations. The study highlights the distinction between "reasonable skill and care" for designers and "fitness for purpose" for design-build contractors, illustrating how these standards influence project execution. Additionally, it analyses the legal implications of th

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31

Bruun Nielsen, Anne-Dorte. "Directive 1999/44/EC of the European Parliament and the Council on Certain Aspects of the Sale of Consumer Goods and Associated Guarantees and its Influence on Danish Law." European Review of Private Law 9, Issue 2/3 (2001): 189–96. http://dx.doi.org/10.54648/359016.

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The rules governing lack of conformity in consumer sales are to be found in the Danish Sale of Goods Act (The Act). The Act constitutes inter alia a legitimate definition of lack of conformity of goods in consumer conditions. Generally, guarantees are not within the formalities of Danish law. They have been regulated by ordinary contractual law; the Marketing Practices Act will implement the Directive in this regard. According to the interpretation of the Directive and The Act, present Danish law must be altered in a number of (minor) requests in order to conform with the Directive. In Denmark

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Dubowik, Anna. "Ewolucja statusu prawnego inspektora pracy — uwarunkowania historyczne i ocena stanu obecnego." Przegląd Prawa i Administracji 118 (December 10, 2019): 183–208. http://dx.doi.org/10.19195/0137-1134.118.10.

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EVOLUTION OF THE LEGAL STATUS OF LABOUR — HISTORICAL ASPECTS AND ASSESSMENT OF THE CURRENT STATEIn the period before the Second World War labour inspectors had public-law status, and their employment was regulated by the Act on the State Civil Service of 1922. Contemporary employment relations of labour inspectors are regulated by the Act on the National Labour Inspectorate of 2007 PiP and the Labour Code. Labour inspectors are employees, employed at the first stage on the basis of an employment contract. The target basis for the employment inspectors is a nomination and in the case of manager

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Abdullah, Farhah, Ong Tze Chin, Mohd Safri Mohammed Na’aim, and Nor Honey Dayatie. "Legislative Enforcement of Contractual Fairness in Malaysian Consumer Contracts." Journal of ASIAN Behavioural Studies 4, no. 13 (2019): 51–61. http://dx.doi.org/10.21834/jabs.v4i13.334.

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 Consumers faced with contract do not know what 'small print' contains or understand its effect. Exclusion clauses may deprive a consumer of specific rights in which he deserves protection. The Consumer Protection Act 1999 in Malaysia, allows the consumers to identify between procedural unfairness and substantive unfairness. However, the Consumer Protection Act 1999 does not adequately protect the consumer. By applying the content analysis research method, this paper reviews the legislative and judicial intervention on unfair terms in consumer contracts. This article advocates that Malay

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Goh—Yihan. "Contractual Interpretation in Indian Evidence Act Jurisdictions: Compatibility with Modern Contextual Approach?" Oxford University Commonwealth Law Journal 13, no. 1 (2013): 17–48. http://dx.doi.org/10.5235/14729342.13.1.17.

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Mel'nichenko, Sergei Vasil'evich. "Subjects of legal relations emerging from bank guarantee in the contractual system." Финансы и управление, no. 1 (January 2020): 81–90. http://dx.doi.org/10.25136/2409-7802.2020.1.32208.

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The object of this research is the parties of relations of bank guarantee within the contractual system. The subject of this research is the legal position of the parties of the relations pertaining to provision bank guarantee in the sphere of procurement. In the process of examining the status of the parties of relations in bank guarantee within the contractual system, the author examines the normative legal acts that establish requirements and boundaries for parties of the relations pertaining to guarantee commitment in the sphere of procurement. Throughout the process of studying the status

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Purbowicaksono, Purbowicaksono. "Kontrak Build Operate Transfer (BOT) sebagai Perjanjian Kebijakan antara Pemerintah dengan Pihak Swasta." JURNAL RECHTENS 9, no. 1 (2020): 19–30. http://dx.doi.org/10.36835/rechtens.v9i1.658.

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BOT (Build Operate Transfer) as a form of agreement held by the government policy with private parties is a legal act by the agency or the State administration officials who make public policy as the object of the agreement. Although inherent in him as a body or public official, the government in implementing the contractual relationship with another party (private) legal act is not governed by public law, but based on the laws and regulations of civil law (privaat recht), as the case of legislation that underlie civil legal actions carried out a body of citizens and civil law. The research sh

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Arnt Ramos, André Luiz, and Marcos Catalan. "Contractual interpretation in Brazil under the light of the 2019 Economic Freedom Act." Acta Iuridica Resoviensia 39, no. 4 (2022): 19–33. http://dx.doi.org/10.15584/actaires.2022.4.2.

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The following article scrutinizes innovations brought by the Brazilian Economic Freedom Act to Art. 113 of the Brazilian Civil Code. Departing from a literature review, it outlines several aspects of these innovations, while underlining the principles of contract law – more particularly, private autonomy and the social function of contract. In its concluding remarks, the survey sets forth a call for debate on some pressing issues concerning Brazilian Private Law under the light of the Economic Freedom Act.

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Wasylkowska-Michór, Magdalena. "Prawo właściwe dla zobowiązań niewynikających z czynności prawnych w okresie Polskiej Rzeczpospolitej Ludowej." Studia nad Autorytaryzmem i Totalitaryzmem 43, no. 4 (2021): 175–86. http://dx.doi.org/10.19195/2300-7249.43.4.14.

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In the communist era, the law applicable to non-contractual obligations was regulated by two acts — the Private International Law of 1926 and the Private International Law of 1965, which dealt with the issue of the law applicable to obligations not arising out of legal action. The object of this study is to present the respective regulations in terms of determining this law. In particular, the author focuses on the analysis of two main connecting factors used at that time to determine the law applicable to non-contractual obligations, namely, the law of the place where the act giving rise to t

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Holečková, Kateřina. "Mimosmluvní závazkové poměry s mezinárodním prvkem z pohledu české autonomní úpravy." AUC IURIDICA 67, no. 3 (2021): 97–110. http://dx.doi.org/10.14712/23366478.2021.27.

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Private International Law is nowadays, to a large extent, regulated by European and international law and the scope of the application of autonomous national law is therefore limited. However, in case of non-contractual obligations with cross-border elements, this scope is still relatively broad, as certain matters are excluded from the regulation on the European and international level. The aim of this article is to analyze the regulation of non-contractual obligations with cross-border elements under the Czech Act on Private International law, namely its regulation of international jurisdict

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Linh, NGUYỄN THỊ MỸ. "Marital Agreements in Vietnam from 1858 until Now." DÍKÉ 5, no. 1 (2021): 150–61. http://dx.doi.org/10.15170/dike.2021.05.01.10.

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The institution of prenuptial agreement is a founder of contractual matrimonial property regime. The possibility of concluding a marriage contract contributes to ensuring the equal rights of the spouses, as they are free to agree on their pre-marital property. Recognizing the necessity of the contractual freedom in family law, the 2014 Act on Marriage and Family of Vietnam allows couples to choose between the statutory property regime and the agreed property regime. This article presents the history of the institution of marriage agreement in Vietnam, also with regard to the development of law

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Prof., M. A. Maroof. "Study of Contractual Labour in India." International Journal of Trend in Scientific Research and Development 2, no. 3 (2018): 911–15. https://doi.org/10.31142/ijtsrd11148.

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Today India is among the fastest developing economy in the world. Pace of Industrialization, and foreign direct investment has increased phenomenally. This has given birth to the many new small, medium and large scale industries units, service sectors etc., Customer base is increasing and so as the demand. Hence to cope up with this growing demand and cater the customer needs entrepreneurs in these industries require 24x7 production. For this purpose apart from machine, money a pivotal resource of manpower plays vital role. Manpower is categorized into three forms one is Staff, secondly the on

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Wowerka, Arkadiusz. "The Law Applicable to a Payment Made by a Third Party in Performance of a Contractual Payment Obligation Contested in Insolvency Proceedings as an Act Detrimental to All Creditors." Gdańskie Studia Prawnicze, no. 2(54)/2022 (July 11, 2022): 133–42. http://dx.doi.org/10.26881/gsp.2022.2.11.

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In the commentary, the author discusses the judgment of the Court of Justice of 22 April 2020 in Case C-73/20, ZM, as receiver in the bankruptcy of Oeltrans Befrachtungsgesellschaft mbH, v. E. A. Frerichs. This judgment concerns a payment made by a third party in performance of a contractual obligation and challenged in bankruptcy proceedings as an act done to the detriment of the bankruptcy creditors. The Court rightly held that art. 13 of Regulation No 1346/2000 must be interpreted as meaning that the law applicable to the contract also applies to a payment made by a third party in performan

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Pashynin, Oleksandr. "Contractual forms of realization of property rights in the economic area." ScienceRise: Juridical Science, no. 1(27) (March 31, 2024): 44–51. http://dx.doi.org/10.15587/2523-4153.2024.301588.

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The article is devoted to the study of a contract as a legal form of realization of property rights in the economic sphere, considering theoretical and practical problems, in particular, the problem of contract selection, and the significance of the act of acceptance and transfer of property as a legal fact. The materials used for the study include legislative acts, scientific sources on commercial and civil law, case law on transfer of ownership, conclusion of contracts on behalf of a business entity with excess of authority, and the meaning of an act of acceptance and transfer as a transacti

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Moolman, Lumen, and Riaanj Wessels. "The application of section 8c of the Income Tax Act 58 of 1962 in the context of trust structures." South African Mercantile Law Journal 36, no. 1 (2024): 87–111. https://doi.org/10.47348/samlj/v36/i1a4.

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Broadly, section 8C of the Income Tax Act 58 of 1962 seeks to tax directors and employees at revenue rates on certain amounts arising in the context of the ownership of shares or instruments deriving their value from shares (ie, ‘equity instruments’ as defined in section 8C). Paragraph (c) of the ‘equity instrument’ definition was introduced into section 8C(7) with the purpose of ensuring that employees cannot avoid the consequences of section 8C by interposing an intermediary entity between themselves and the shares to which their incentives or remuneration are linked. In terms of paragraph (

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Jaffey, Peter. "Contractual obligations of the company in general meeting." Legal Studies 16, no. 1 (1996): 27–50. http://dx.doi.org/10.1111/j.1748-121x.1996.tb00398.x.

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In company law usually the difficulties in determining whether a putative contractual obligation is binding on the company are matters of agency. The issue is whether the person who purported to commit the company to the contract had the requisite authority under the common law rules of agency as modified for companies by statute. At one time it was necessary also to consider whether the contract was beyond the capacity of the company under the ultra vires doctrine, which limited the capacity of the company to the range of business activities defined in the objects clause of its memorandum. No

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Marišová, Eleonóra, and Ivana Lichnerová. "Contractual Cooperation of Municipalities for Performance of Transferred Competencies in the Building Sector." EU agrarian Law 8, no. 2 (2019): 27–36. http://dx.doi.org/10.2478/eual-2019-0010.

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AbstractThe reform of the self–governments in Slovakia caused the transfer of competencies from state authorities to municipalities. Every municipality is in accordance with Act no. 369/1990 Coll. on the Municipal Establishment obliged to ensure original and transferred competences for its inhabitants. However, for objective reasons, not all municipalities are able to perform them. Municipalities began to use the possibility of mutual contractual cooperation in accordance with the amendment to the Act on Municipal Establishment, under which municipalities can cooperate with each other for the

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Sikorska-Lewandowska, Aleksandra. "Civil liability of the property manager in the event of breach of obligations under the Act of 7 July 1994 – Construction Law." Nieruchomości@ IV Wydanie elektroniczne (December 19, 2023): 195–207. http://dx.doi.org/10.5604/01.3001.0054.1238.

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The Act of July 7, 1994 - Construction Law imposes numerous obligations on property managers. The most important of them is the obligation to maintain and use the building in a proper condition ensuring the safety of building users and third parties. Failure to do so may result in a construction disaster, ie, the building collapsing or parts detaching, which may result in property damage and personal injury. The article contains considerations regarding compliance with the provisions to redress this damage in the light of the provisions of the Civil Code. Claims arising from the contractual re

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Anchishkina, O. V. "Analysis of relations in the state sector of Russian public procurement." Voprosy Ekonomiki, no. 10 (October 20, 2018): 106–26. http://dx.doi.org/10.32609/0042-8736-2018-10-106-126.

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The paper deals with a special sector of public procurement — G2G, in which state organizations act as both customers and suppliers. The analysis shows the convergence between contractual and administrative relations and risks of transferring the negative factors, responsible for market failures, into the administrative system, as well as the changing nature of the state organization. Budget losses in the sector G2G are revealed and estimated. There are doubts, whether the current practice of substitution of market-based instruments for administrative requirements is able to maintain integrity

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Prayogo, Sedyo. "PENERAPAN BATAS-BATAS WANPRESTASI DAN PERBUATAN MELAWAN HUKUM DALAM PERJANJIAN." Jurnal Pembaharuan Hukum 3, no. 2 (2016): 280. http://dx.doi.org/10.26532/jph.v3i2.1453.

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The Act of the Civil Law makes a clear distinction between the engagement that is born of the agreement and engagement that is born of the legislation. The legal consequences are born of an engagement agreement is desired by the parties, because memng agreement based on the agreement that a rapprochement between the parties will make arrangements. While the legal consequences of an engagement that is born of a statute may not be desired by the parties, but the relationship of law and the legal consequences prescribed by law. Legal issues that arise in case there is a contractual relationship b

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Us, Maryna. "ESTABLISHMENT BY CONTRACT OF JUDICIAL METHODS OF PROTECTION OF CIVIL RIGHTS AND INTERESTS: THE UKRAINIAN EXPERIENCE." Access to Justice in Eastern Europe 5, no. 4 (2022): 201–12. http://dx.doi.org/10.33327/ajee-18-5.4-n000438.

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Background: The issue of choosing an effective method of protection continues to be relevant not only in court but also in contractual practice. This is explained by the fact that in a number of legal systems, contracts act as a source of consolidation of protection methods. As a result, there is a need to define models (options) for the contractual establishment of protection methods and, at the same time, the limits of contractual freedom. Methods: Logical methods were used during the present research: analysis, synthesis, induction, and deduction. With the help of the system method, types o

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