Journal articles: 'Formation of a contract'

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Gordley, James. "Mistake in Contract Formation." American Journal of Comparative Law 52, no. 2 (2004): 433. http://dx.doi.org/10.2307/4144457.

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Davies, Paul S. "CONTRACT FORMATION AND IMPLIED TERMS." Cambridge Law Journal 77, no. 1 (March 2018): 22–25. http://dx.doi.org/10.1017/s0008197318000181.

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WELLS was struggling to sell some flats. He mentioned this to a neighbour, who put Wells in touch with Devani. Wells and Devani spoke over the telephone. The trial judge found that Devani told Wells that he was an estate agent, and his usual commission was 2% + VAT. Wells agreed to this, but the parties did not expressly agree upon what was to trigger the commission. Devani subsequently introduced a purchaser to Wells who bought the flats. Was there a binding contract between Wells and Devani? Lewison and McCombe L.JJ. answered “No” (Wells v Devani [2016] EWCA Civ 1106, [2017] Q.B. 959). The trial judge and Arden L.J., dissenting in the Court of Appeal, answered “Yes”. The Supreme Court has granted permission to appeal. It is to be hoped that the Justices will clarify the important issues of contract law raised by these simple facts and allow the appeal.

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Rasmusen, E. "Agency Law and Contract Formation." American Law and Economics Association 6, no. 2 (August 1, 2004): 369–409. http://dx.doi.org/10.1093/aler/ahh012.

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Beever, Allan. "Agreements, Mistakes, and Contract Formation." King's Law Journal 20, no. 1 (February 2009): 21–51. http://dx.doi.org/10.1080/09615768.2009.11427719.

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Lorenzo, Sasso. "Certain Comparative Noteson Electronic Contract Formation." Law. Journal of the Higher School of Economics, no. 1 (March 10, 2016): 216–131. http://dx.doi.org/10.17323/2072-8166.2016.1.216.231.

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Subaty, Muhammad, and Mostafa Elsan. "Contract Formation Using Automated Message System: Survey of Islamic Contract Law." Arab Law Quarterly 23, no. 2 (2009): 167–80. http://dx.doi.org/10.1163/157302509x415684.

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AbstractThe issues discussed are the legal aspects of creating contracts using Automated Message Systems. For example, should a transaction or series of contracts be nullified after the right to withdraw has been exercised? The right to withdraw was created to protect a “natural person” unable to correct a human input error in an automated system. Interpretation of contracts under Islamic law concerning this and related topics is presented.

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

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The common law that applies to Internet contract formation could be said to exist in a penumbra—a grey area of partial illumination between darkness and light—where it may be possible to lose sight of established contract law principles. Internet contracts raise difficult issues relating to their formation that challenge traditional contract doctrine. Analysis of case law from the United States, United Kingdom and Ireland illustrates that the courts have not applied contract formation doctrine in a principled or consistent way. There is a tendency for decisions to be reached for policy reasons, for example, to facilitate the development of e-commerce, or to achieve a result that is considered fair, rather than on sound principles of contract law. There may also be some uncertainty arising from the relationship between statutory consumer protection rules and common law contract formation doctrine. The enforceability of Internet contracts in the common law courts remains unpredictable. This article argues that although Internet contracting may raise distinctive contract formation issues, it is possible for the judiciary to invoke the inherent flexibility of the common law, to take into account the specific characteristics of Internet contracts, while still adhering to established contract law doctrine and maintaining a principled approach.

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Powers, Michael R., Joseph Qiu, April Shen, and Zhan Shen. "Effects of Competition on Insurance Contract Formation." North American Actuarial Journal 20, no. 3 (July 2, 2016): 298–312. http://dx.doi.org/10.1080/10920277.2016.1191995.

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Etherton, Terence. "Contract Formation and the Fog of Rectification." Current Legal Problems 68, no. 1 (2015): 367–85. http://dx.doi.org/10.1093/clp/cuv007.

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Sherman, Ultan P., and Michael J. Morley. "On the Formation of the Psychological Contract." Group & Organization Management 40, no. 2 (March 15, 2015): 160–92. http://dx.doi.org/10.1177/1059601115574944.

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Pierce, David G. "Post-Formation Choice Of Law In Contract." Modern Law Review 50, no. 2 (March 1987): 176–201. http://dx.doi.org/10.1111/j.1468-2230.1987.tb02571.x.

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Kim, Sang Man. "A comparative study of the CISG and the North Korean contract law as to formation of a contract." Journal of International Trade Law and Policy 19, no. 1 (February 27, 2020): 36–50. http://dx.doi.org/10.1108/jitlp-07-2019-0046.

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Purpose North Korea joined the United Nations Convention on Contracts for the International Sale of Goods (CISG) as a 90th member on March 27, 2019, which will necessitate the understanding of North Korean laws, in particular, the contract law for sale. This paper aims to compare the CISG and the North Korean contract law as to the formation of a contract focusing on form and writing requirement, offer and acceptance. Design/methodology/approach This paper analyzes the provisions of the North Korean Civil Code and the CISG and reviews the previous research studies concerning the formation of a contract. Findings The CISG and the North Korean Civil Code are very similar in many aspects as to the formation of a contract. However, there are some discrepancies as to the formation of a contract to which the parties need to pay attention in choosing the governing law. Practical implications The parties need to pay attention to the differences concerning the formation of a contract between the North Korean Civil Code and the CISG in concluding a contract for sale with North Korea. Originality/value This paper will be the first research work, to the best of the author’s knowledge, on the comparison of the CISG and the North Korean contract law as to the formation of a contract.

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A. Kadir, Rokiah. "Contract Formation via Email: The Position in Malaysia." International Journal of Interdisciplinary Studies in Communication 7, no. 4 (2014): 13–21. http://dx.doi.org/10.18848/2324-7320/cgp/v07i04/53582.

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Johari, Ramesh, Shie Mannor, and John N. Tsitsiklis. "A contract-based model for directed network formation." Games and Economic Behavior 56, no. 2 (August 2006): 201–24. http://dx.doi.org/10.1016/j.geb.2005.08.010.

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Adams, Samuel, Fanny Adams Quagrainie, and Edem Kwame Mensah Klobodu. "Psychological contract formation: The influence of demographic factors." International Area Studies Review 17, no. 3 (September 2014): 279–94. http://dx.doi.org/10.1177/2233865914545523.

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Pleniuk, Mariana. "Lifetime maintenance (care) contract: origin, formation, legal characteristic." New Ukrainian Law, no. 2 (2021): 35–42. http://dx.doi.org/10.51989/nul.2021.2.5.

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McLauchlan, David W. "A Contract Contradiction." Victoria University of Wellington Law Review 30, no. 1 (June 1, 1999): 175. http://dx.doi.org/10.26686/vuwlr.v30i1.6019.

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This article attacks the well established principle of the law of contract that evidence of the parties' negotiations and subjective intentions is not receivable in an interpretation dispute. It argues that the principle is inconsistent with equally well established principles of contract formation. Numerous other reasons for rejecting the principle, including the absence of convincing practical or policy grounds, are also identified and discussed. The author concludes that the courts should never enforce an agreement in accordance with a meaning which reliable evidence may show is contrary to the actual intentions of the parties.

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Intigam Garayeva, Aysel. "“THE DEATH” OF CONTRACTS AS A RESULT OF VOIDING: VOID OR VOIDABLE?" SCIENTIFIC WORK 15, no. 3 (March 24, 2021): 102–5. http://dx.doi.org/10.36719/2663-4619/64/102-105.

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Parties conclude a contract for creation and termination of contractual rights and obligations as the existence of a contract ensures parties to face unexpected situations. A valid contract means it is legally binding and enforceable and the formation of a legally binding contract must entail some essential and basic elements. But in some cases, even though the contract meets all basic elements for its validation it can be invalid. If a contract is invalid, it will be annulled from the very beginning, therefore the invalidity has a retroactive effect. Some defects render a contract void, while others make it voidable. This article clarifies types of invalid contracts on the basis of the element of dispute, main characteristic features of void and voidable contracts, dispute period in invalid transactions and grounds that lead to voiding a contract. Key words: defects, the death of contracts, void contracts, voidable contracts, invalidity, grounds for voiding

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Maleina, M. N. "The Contract for the Performance of Sociological Research Using the Questionnaire Method (Legal Qualification, Content of the Contract, Contract Formation)." Lex Russica, no. 4 (April 24, 2021): 23–32. http://dx.doi.org/10.17803/1729-5920.2021.173.4.023-032.

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Currently, neither conclusion nor execution of the contract for the performance of sociological research have legal regulation. The paper proves that the contract under consideration refers to civil contracts for the provision of services. Thus, in case of a dispute, the general rules of Chapter 39 of the Civil Code of the Russian Federation (“Reimbursable Services”) should be applied. The ICC/ESOMAR Code applies to sociological services relations if the parties in the agreement between them have stated the provisions of the ICC/ESOMAR. The essential terms of the contract for the performance of sociological studies using the questionnaire should include: the subject matter of the contract; the type and characteristics of the information collected; the method of research; the study respondents; confidentiality of respondents’ personal data; the term (period) and the place of the study. The subject matter of the contract under consideration covers the main actions of the parties: the performer conducts the sociological research (collects, purposefully processes and transmits certain information), and the customer accepts and pays for services rendered. The collected data is intended for establishing and analyzing social trends, patterns of social development, solving the problems of the society as a whole, population groups and a separate team. Non-essential terms of the contract for the performance of sociological studies using the questionnaire method include the terms stipulating the method of conducting the questionnaire, the quality of the research, the registration of the result of the study and the procedure for the transfer of information, the amount and procedure of remuneration for services rendered, the terms regulating liability for non-performance of the duties of the parties. The author proposes to enshrine in the law a simple written form of any kind of contract for the performance of sociological research regardless of the price of the contract, the personality of the customer and the performer indicating that failure to comply with the simple written form of the contract entails its invalidity.

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Jansen, N., and R. Zimmermann. "Contract Formation and Mistake in European Contract Law: A Genetic Comparison of Transnational Model Rules." Oxford Journal of Legal Studies 31, no. 4 (August 10, 2011): 625–62. http://dx.doi.org/10.1093/ojls/gqr011.

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Koontz, Stephen R., Michael A. Hudson, and Matthew W. Hughes. "Livestock Futures Markets And Rational Price Formation: Evidence For live Cattle And Live Hogs." Journal of Agricultural and Applied Economics 24, no. 1 (July 1992): 233–49. http://dx.doi.org/10.1017/s0081305200026157.

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AbstractThe efficiency of livestock futures markets continues to receive attention, particularly with regard to their forward pricing or forecasting ability. The purpose of this paper is to present a more general theory that encompasses the forward pricing concept. It is argued that futures contract prices for competitively produced nonstorable commodities, such as live cattle and live hogs, follow a rational formation process. Futures contract prices reflect expected market conditions when contracts are sufficiently close to the delivery month that the supply of the underlying commodity cannot be changed. However, prior to the period when future supplies are relatively fixed, futures contract prices should adjust to reflect the competitive equilibrium, where output price equals average costs of production. Presented evidence suggests that live cattle and live hog futures markets support the rational price formation hypothesis: prices for distant contracts reflect average costs of feeding. Implications for risk management strategies are considered.

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Agarwal, Promila. "Role of Personality in the Formation of Psychological Contract." Global Business Review 18, no. 4 (May 15, 2017): 1059–76. http://dx.doi.org/10.1177/0972150917692407.

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The current research is aimed to investigate the association between personality and the formation of the psychological contract (PC) in India. A sample of 262 employees was used to test the hypotheses. The study provides the theoretical explanation beneath the association of personality and formation of the PC. It reveals how personality is associated with employee obligations and employer obligations. The findings have practical implications in managing the PC. The examination of the association of the PC (employee and employer obligations and fulfilment of obligations) and personality can have direct implications for human resource (HR) practitioners in managing their HR practices. The study adds to the theory of the PC by exploring one of the factors underlying the idiosyncratic nature of the PC.

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Renner, Shirley. "Israeli Contract Law — Recent Trends and Evaluation." Israel Law Review 29, no. 3 (1995): 360–423. http://dx.doi.org/10.1017/s0021223700014709.

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Two questions are central in the law of contracts: first, what are the conditions necessary to the formation of a contract; second, what is the scope of the contractual obligation. The first question deals with the two basic requirements for the formation of a contract — offer and acceptance, whose substantive components are the intention to form a legal obligation and definiteness. It also deals with the substantive requirement of writing, in those classes of contracts in which it is required, and the requirement of consideration, in those legal systems in which it exists. The second question deals with those rules which determine the remedies for breach of contract such as specific performance, damages and restitution. In this article I shall try to identify and evaluate recent trends in Israeli law concerning these questions, as demonstrated by decisions of the Israeli Supreme Court, and to evaluate these trends by measuring their consistency with one another.

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Swaminathan, Shivprasad. "The Will Theorist’s Mailbox: Misunderstanding the Moment of Contract Formation in the Indian Contract Act, 1872." Statute Law Review 39, no. 1 (May 26, 2016): 14–26. http://dx.doi.org/10.1093/slr/hmw029.

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Kumar, D. Ganesh, and Akshay Douglas Gudinho. "Consensus Ad Idem: A Plea for Objectivity in Telephonic Contracts." Christ University Law Journal 6, no. 1 (January 1, 2017): 41–56. http://dx.doi.org/10.12728/culj.10.3.

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Consensus Ad Idem, legally defined as „meeting of minds‟, at the time of the formation of a contract, warrants a cardinal jurisprudential question which transcends its mere literal meaning. In Indian Contract Law, the trend has followed the test of objectivity, whereby it is not the actual intent of the party or parties that enter into the contract that is the subject of judicial evaluation, but it is what a reasonable man would deliberate in the peculiar circumstances of the case. However, the evaluation of telephonic conversations merit intrinsic jurisprudential insight. While applying the objective test, the questions that arise are - is there legal certainty of assent to a contract over telephonic conversations i.e. whether there is free consent. Do the parties have the capacity to contract over telephone? What are the liabilities of the telephone operator and his legal bond to the contract between two or more contracting parties? Does it amount to violation of the fundamental rights to freedom of speech and expression and the right to privacy? The authors attempt to provide an objective analysis of communication in contracts over telephonic means and the constitutional environment embedded therein. To this end, a plea for due diligence prior to the formation of telephonic contracts shall be made in order to bring objectivity to the judicial evaluation of telephonic contracts.

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Heien, Dale. "Price Formation in the California Winegrape Economy." Journal of Wine Economics 1, no. 2 (2006): 162–72. http://dx.doi.org/10.1017/s1931436100000183.

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AbstractThis paper presents a theory of price determination for winegrapes in California. As the California wine economy developed, winegrape contracts took on a role as one of the centerpieces of this transformation. The theory is presented and it is shown how two important factors, weather and fi nancial uncertainty, served to shape the contracts. Hence, long term planting contracts for new vineyards, specifying the price, helped ameliorate the uncertainty to growers. Similarly, shorter contracts played a similar role for established vintners. The model deals with two types of growers: those with contracts made well before the year in question and those who will sign a contract in the Spring of the year of harvest. This paper hopes to illuminate these elements and their interaction. The model is then empirically estimated and tested. (JEL classifi cation: K12, Q11)

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Daryanto, Arief. "Contract Farming: Linking Farmers to Markets." Business and Entrepreneurial Review 6, no. 1 (October 19, 2016): 27. http://dx.doi.org/10.25105/ber.v6i1.1015.

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Contract farrning in Indonesia is a growing phenomenon. This paper examines the evolution of contract farming, and explores the incentives to engage in contract farming, preferred contract forms and contract performance from the perspective of both lndonesian farmers and contracting firms. Contract farming is characterized by a contract between a farmer and a firm that will process and/or market the farmer's crop. It has been a component of some of the most successful income generating programs for smallholder farmers; it has been a component of various schemes involving agribusiness firms. Smallholders may enter contracts to reduce transaction costs of accessing new markets, borrowing, managing risk, acquiring in formation or increasing employment opportunities. The success of contracts reflects both the contracting environment and management practices. Benefits from contracting accrue to smallholders from improved access to markets, improved technology, better management of risk and opportunities for employment of family members.

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MCCANNON, BRYAN C., COLLEEN TOKAR ASAAD, and MARK WILSON. "Contracts and trust: complements or substitutes?" Journal of Institutional Economics 14, no. 5 (November 6, 2017): 811–32. http://dx.doi.org/10.1017/s1744137417000522.

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AbstractSocial preferences and third-party enforcement of formal contracts are two mechanisms that facilitate performance of an agreement. The standard argument is that formal, enforceable contracts substitute when the social preferences of trust and trustworthiness are lacking. We explore the alternative hypothesis that trust and contract enforcement are complements. We measure social preferences from both a Trust Game and a social values survey, using them as explanatory variables in a Contract Game. We find that both increased contract enforcement and high trusting preferences lead to enhanced rates of contract formation and larger investments. There is an important interaction effect, where trusting individuals enter into agreements at a greater rate and make larger investments when enforcement is greater. Thus, contracts and trust complement one another.

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Handayani, Erna, Heru Kurnianto Tjahjono, and Akhmad Darmawan. "Uniqueness of psychological contract in a faith-based organization (FBO)." International Journal of Research in Business and Social Science (2147- 4478) 9, no. 6 (October 26, 2020): 58–64. http://dx.doi.org/10.20525/ijrbs.v9i6.912.

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This study aims to explore the uniqueness of the psychological contract in the Faith-Based Organization (FBO). Psychological contracts, as part of the bond between individuals and organizations, are constantly evolving research. In line with the Conservation of Organizational Resources (COR) theory, organizations strive to defend their resources. Faith-Based Organization (FBO) is an organization with minimal written formal contracts. The bond with the members is a bond with the same values and goals. This research examines the psychological contract of FBO, from the aspects of formation, contribution, and violation. The formation of shared values which becomes the affective commitment of FBO members is specifically discussed because of the uniqueness of the organization with its ideological and religiosity sides. Using the lens of the COR theory, this study sees the psychological contract of the two elements of the FBO, namely members and organizations. This study is a literature review using traditional narrative methods. The results show that there have not been many in-depth studies of the psychological contract on religious organizations (FBO) with religious aspects that characterize the psychology of individuals in it. This study creates new gaps in research related to psychological contracts.

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CRETU, Georgeta, and Camelia SPASICI. "THE LEGAL NATURE OF ”PRE-CONTRACTUL OBLIGATIONS”:CONDITIONS OF VALIDITY IN THE CONSUMER CONTRACT." Jurnalul de Studii Juridice 15, no. 3-4 (December 20, 2020): 30–42. http://dx.doi.org/10.18662/jls/15.3-4/73.

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This paper aims to briefly analyze the legal nature of “the pre-contractual obligations” regarding the information, counselling and safety elements that are specific to the consumer legislation. From the perspective of consumerist regulations, “the pre-contractual obligations” occur during the formation of the contract stage although in the civil contract the obligations of the parties designate the effects of the contract. In these circumstances, the following question arises: are “the pre-contractual obligations” laid down in the Consumer Code conditions of validity or effects (obligations) of the contract? This dispute is a part of the harmonization process of the institutions that are specific to the legislation of consumption with those of the contract as laid down in the Civil Code (the ordinary law in the matter). The paper is structured in four parts: “Introduction”, “The Stages of the Civil Contract: the Conditions of Validity, Conclusion, Effects and Termination”, “The Pre-Contractual Obligations as Laid Down in the Consumer Code” and “The Legal Character of the Pre-Contractual Obligations.” This legal undertaking ends with conclusions.

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Kaulio, Matti A. "A Psychological Contract Perspective on Project Networks." Project Management Journal 49, no. 4 (July 17, 2018): 81–88. http://dx.doi.org/10.1177/8756972818781713.

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A current challenge for project network scholars is to explain “how history matters”; in other words, how past experiences of collaboration between actors in a project network are transformed into an (informal) organizational format that is replicable in future collaborations. How are project networks formed in the first place? By examining a collaboration under formation between two organizations, this article proposes that project networks can be conceptualized as psychological contracts. In this formation process, critical incidents play a key role as they define “items” in the psychological contract; in project network terms, these items define routines for collaboration.

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Youn, Sangyoun. "A Study on E-Commerce Contract under the E-Commerce Law of China -Focused on Contract Formation-." Korean-Chinese Social Science Studies 17, no. 4 (October 31, 2019): 33–67. http://dx.doi.org/10.36527/kcsss.17.4.2.

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Samoilovitch, Yu A. "CONTRACT STRESSES FORMATION IN RAIL HEAD TO IMPROVE ITS DURABILITY." Izvestiya Visshikh Uchebnykh Zavedenii. Chernaya Metallurgiya = Izvestiya. Ferrous Metallurgy 55, no. 11 (January 1, 2012): 20–27. http://dx.doi.org/10.17073/0368-0797-2012-11-20-27.

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Premkumar, Noel, Stephen Lowes, James Jersey, Fabio Garofolo, Isabelle Dumont, Robert Masse, Betty Stamatiou, et al. "Formation of a Global Contract Research Organization Council for Bioanalysis." Bioanalysis 2, no. 11 (November 2010): 1797–800. http://dx.doi.org/10.4155/bio.10.165.

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Stoilkovska, Biljana Blaževska, and Zorica Marković. "The Role of Optimism-pessimism in Anticipatory Psychological Contract Formation." Procedia - Social and Behavioral Sciences 171 (January 2015): 145–52. http://dx.doi.org/10.1016/j.sbspro.2015.01.100.

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Gad, Ghada M., Jennifer S. Shane, Kelly C. Strong, and Jinouk Choi. "Rethinking Trust in Construction Contract Formation: Dispute Resolution Method Selection." Journal of Legal Affairs and Dispute Resolution in Engineering and Construction 8, no. 3 (August 2016): 04516003. http://dx.doi.org/10.1061/(asce)la.1943-4170.0000191.

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Tam, Henry. "A Social Contract Approach to the Formation of National Borders." Public Choice 118, no. 1/2 (January 2004): 183–209. http://dx.doi.org/10.1023/b:puch.0000013801.51471.30.

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Saleh, Nabil. "Definition and Formation of Contract Under Islamic and Arab Laws." Arab Law Quarterly 5, no. 2 (1990): 101–16. http://dx.doi.org/10.1163/157302590x00026.

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Ben Jouida, Sihem, Saoussen Krichen, and Walid Klibi. "Coalition-formation problem for sourcing contract design in supply networks." European Journal of Operational Research 257, no. 2 (March 2017): 539–58. http://dx.doi.org/10.1016/j.ejor.2016.07.040.

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Allen, J. G. "Wrapped and Stacked: ‘Smart Contracts’ and the Interaction of Natural and Formal Language." European Review of Contract Law 14, no. 4 (November 29, 2018): 307–43. http://dx.doi.org/10.1515/ercl-2018-1023.

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Abstract This article explores ‘smart contracts’ from first principles: What they are, whether they are properly called ‘contracts’, and what issues they raise for national contract law. A ‘smart’ contract purports to record contractual promises in language which is both intelligible to human beings and (ultimately) executable by machines. The formalisation of contracting language that this entails is, I argue, the most important aspect for lawyers—just as important as the automation of contractual performance. Rather than taking a doctrinal approach focused on the presence of traditional indicia of contract formation, I examine the nature of contracts as legal entities created by words and documents. In most cases, smart contracts will be ‘wrapped in paper’ and nested in a national legal system. Borrowing from the idiom of computer science, I introduce the term ‘contract stack’ to highlight the complex nature of contracts as legal entities incorporating different ‘layers’, including speech acts by the parties in both natural and formal languages as well as mandatory legal rules. It is the interactions within this contract stack that will be most important to the development of contract law doctrines appropriate to smart contracts. To illustrate my points, I explore a few issues that smart contracts might raise for English contract law. I touch on the questions of illegality, jurisdiction, and evidence, but my focus in this paper is on exploring issues in contract law proper. This contribution should be helpful not only to lawyers attempting to understand smart contracts, but to those involved in coding smart contracts—and writing the languages used to code them.

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Ardyo, Bebeto. "Formulasi Pengaturan Tahapan Pra Kontrak dalam Proses Pembentukan Kontrak di Indonesia." JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN 22, no. 02 (June 12, 2020): 84–93. http://dx.doi.org/10.24123/yustika.v22i02.2406.

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The increasement of human needs in society goes hand in hand with the development of technology. To meet these needs, there must be interaction between people which sometimes has the potential to cause disputes. That’s why a contract is needed. The existence of a contract guarantees legal certainty regarding protection of the rights of the parties and also the obligations that they must fulfill. There are several stages of contract formation which consist of pre-contract and agreement between the parties. According to the system in the Book III of Indonesia’s Code of Civil Law, consensus is the base for the formation of contract that means once the agreement has reached between the parties then a contract is formed. Indonesia’s Code of Civil Law doesn’t yet regulate pre-contract stages of contract formation, even though these stages are equally important. The regulation of pre-contract stages are usually set in the common law system, but along with the times, the regulation of pre-contract stages should also be regulated in the civil law system. As a comparison, Het Nieuw Burgerlijke Wetboek (New Civil Code of Netherlands) has already regulated that pre-contract stages, although the Netherlands is a country that implements civil law system. The pre-contract stages are very important to be regulated in Indonesia because there are many potential pre-contractual issues. This paper aims to formulate the outline of what needs to be regulated in the pre-contract regulations. Keywords : Interaction, Contract, Formation, Civil Code

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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.

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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.

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Goddard, I. A. "Content and Characteristics of a Cross-Border Construction Contract." Actual Problems of Russian Law, no. 1 (January 1, 2019): 163–72. http://dx.doi.org/10.17803/1994-1471.2019.98.1.163-172.

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The paper deals with the problems of legal regulation of relations arising due to a cross-border construction contract. The author substantiates the presence of the characteristics distinguishing a cross-border construction contract from the related private law agreements. Based on the results of the legal doctrine and arbitration practice study the author identifies a number of new features.The most important aspects disclosed by the author in the paper concern the theoretical and practical aspects of determining the content of the characteristics of a cross-border construction contract, distinguishing it from other private law contracts.The author makes a conclusion on the formation of new constitutive features of a cross-border construction contract and the possibility of assigning a cross-border construction contract to a separate, independent type of sui generis contracts.

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Dodeen, Mahmoud M. "Formation of Contract under the Islamic Majallah and unidroit Principles of 2010." Arab Law Quarterly 30, no. 3 (August 8, 2016): 262–77. http://dx.doi.org/10.1163/15730255-12341326.

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This article focuses on the rules for creating contracts under the Islamic Majallah and unidroit Principles of 2010. The research uses an analytical approach and comparative Arab jurisprudence. To compare the Majallah and unidroit Principles academically, this article’s focus is especially on countries where the civil law originated from the Majallah. Such countries include Jordan, Kuwait, and the United Arab Emirates. Here we show that the Majallah generally agrees with the unidroit Principles regarding the rules of contract formation. The main points of disagreement between the two are seen in a very limited number of concepts.

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Determann, L., and I. Gutierrez. "Copyright violations in caching of website content and online contract formation." Journal of Intellectual Property Law & Practice 3, no. 9 (July 14, 2008): 548–50. http://dx.doi.org/10.1093/jiplp/jpn127.

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Ming Lee, Chia, and Kenny Chng. "Lord Denning’s influence on contract formation in Singapore—an overdue demise?" Oxford University Commonwealth Law Journal 17, no. 2 (July 3, 2017): 211–37. http://dx.doi.org/10.1080/14729342.2017.1383769.

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Forder, Jay. "The scorecard on contract formation and enforceability issues in web transactions." International Journal of Private Law 4, no. 1 (2011): 143. http://dx.doi.org/10.1504/ijpl.2011.037899.

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Zainol, Z. "Electronic data interchange (EDI) and formation of contract: a Malaysian perspective." International Journal of Law and Information Technology 7, no. 3 (September 1, 1999): 256–69. http://dx.doi.org/10.1093/ijlit/7.3.256.

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Hsieh, Fu-Shiung. "Holarchy formation and optimization in holonic manufacturing systems with contract net." Automatica 44, no. 4 (April 2008): 959–70. http://dx.doi.org/10.1016/j.automatica.2007.09.006.

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Bartkutė, Emilija, and Gabrielė Gumbytė. "Išmaniosios sutartys: teisinis reglamentavimas ir jo problematika." Vilnius University Open Series, no. 4 (November 16, 2020): 122–44. http://dx.doi.org/10.15388/os.tmp.2020.6.

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This research paper deals with the Institute of Smart Contracts, reveals legal regulation and its problems. In the first part of the work, using the attributes: immutability, specific form and operation without third party mediation, and the basic functions of storing, validating and executing, the concept of smart contracts is revealed. Also, in order to fully disclose the exclusivity of these contracts, fundamental differences from automated transactions are discussed. In the second part – three contract institutes are distinguished, in the context of which the compatibility of smart contracts with the Civil Code of the Republic of Lithuania is assessed. First of all, it discusses the formation and its characteristics, in addition it is evaluated whether the formation of the smart contract violates the norms of the Civil Code of the Republic of Lithuania. Further, the exclusive execution of these contracts and their compliance with Chapter XVI of the Civil Code of the Republic of Lithuania is disclosed. Finally, the paper examines possible breaches of smart contracts, ways to resolve them, as well as customization and compatibility.

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Journal articles on the topic 'Formation of a contract'

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