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Journal articles on the topic 'Legal and contractual validity'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

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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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.

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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

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Natig Mammadova, Nazrin. "LEGAL ANALYSIS OF VALIDITY OF A SURETYSHIP AGREEMENT." SCIENTIFIC WORK 65, no. 04 (2021): 415–19. http://dx.doi.org/10.36719/2663-4619/65/415-419.

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In order the contracts to be binding and engender legal consequences, firstly, they must be concluded in compliance with formal requirements set forth in the legislation. A suretyship agreement is also a contractual obligation. Taking into account its unilateral and gratuitous nature, the suretyship contract can result with onerous circumstances for the surety. That is why, validity conditions of the suretyship agreement pursue the aim to preserve legitimate interests and economic situation of the surety. The provision of them make the surety comprehend the seriousness of his engagement. This

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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 (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)

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Shojaei, Abdorreza. "Validity of Open Contract in International Trade Law." Journal of Politics and Law 10, no. 2 (2017): 241. http://dx.doi.org/10.5539/jpl.v10n2p241.

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Open contracts are agreement whereby parties of the contract can insert terms and conditions in the contract, delete them, or revise them. Some contracts for the supply of goods or construction are examples of such contracts. One party (usually a contractor or seller) can have many initiatives by increasing and decreasing the price or by changing elements of the contract. Certainly, there are many reasons, motives, and important goals in creating this type of conventions and its acceptance by the legal community. Discovery of these reasons and the goals leads to fundamental changes and definit

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Varney, Eliza. "Redefining contractual capacity? the UN Convention on the Rights of Persons with Disabilities and the incapacity defence in English contract law." Legal Studies 37, no. 3 (2017): 493–519. http://dx.doi.org/10.1111/lest.12166.

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How can the incapacity defence in contract law coexist with the concept of universal legal capacity advanced by the UN Convention on the Rights of Persons with Disabilities (CRPD)? In the absence of clear guidance from the CRPD on the link between legal capacity and mental capacity, and given the silence of this Convention on the concept of contractual capacity, this article stresses the need to redefine contractual capacity in a manner that responds not only to economic interests (eg upholding the security of transactions) but also to social interests (including the protection of values such

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ZOZULYAK, Olga I., Oksana S. OLIINYK, Liliana V. SISHCHUK, Nataliia A. SLIPENCHUK, and Yuliia I. PARUTA. "Actual Issues of Treaty Law in CIS Countries." Journal of Advanced Research in Law and Economics 10, no. 7 (2019): 2207. http://dx.doi.org/10.14505/jarle.v10.7(45).35.

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The development of social relations requires changes in various spheres of human activity and, accordingly, in the relations between the state and society, between the state and the individual. In addition, one of the effective regulators of these relations is a treaty, which can be used in various spheres. To date, the science has not developed a unified view of the contract, and its issues are discussed by representatives of various scientific fields, with the contract being studied as a legal fact, agreement, legal relationship, document and in this regard is defined differently. Moreover,

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Putri, Limas Mentari. "Juridical Review of The Provision of Catering Services In Theory And Practice And Problematic at PT. Well Harvest Winning Alumina Refenery Site Kendawangan, Ketapang Regency, West Kalimantan." Authentica 3, no. 1 (2020): 1–31. http://dx.doi.org/10.20884/1.atc.2020.3.1.32.

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Traditional Covenant Law theory has characteristics emphasizing the importance of legal certainty and predictability. The main function of one of the contracts is to provide certainty about the binding of an agreement between the parties so that the principles of good faith in the civil law system and promissory estoppel in the common law legal system. which in this article the author will discuss PT ADEN's contractual agreement with PT Well Harvest Winning Refinery Alumina in the catering contract for employees of PT Well Harvest Winning Alumina Refinery which discusses whether the agreement

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Dahham, Mohammed Waheed. "أركان العقد الإداري وشروط صحته دراسة مقارنة". Twejer 3, № 3 (2020): 707–38. http://dx.doi.org/10.31918/twejer.2033.19.

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The administrative contract is the tool used by the administration to maintain the continuity of the public facility and its steady progress in order to meet the needs of citizens, in way would achieve the public interest. The administrative contract consists of procedures paving the way for its conclusion, represented by the administrative decisions issued by this department with the public authority it has in accordance with the laws and regulations. These decisions are part of and component of the administrative contract. Therefore, the elements of the administrative contract are; that the

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Kullolli, Dr Brunela. "Confidentiality - A Two-Appeal Principle." European Journal of Social Sciences 1, no. 3 (2018): 53. http://dx.doi.org/10.26417/ejss.v1i3.p53-60.

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This article analysis relates to the creation of conditions for the conclusion of the contract.This is the moment when the negotiating parties determine whether there will be a contract or not. This is the stage that in the best case is finalized with the contract signing.Known as the pre-contractual stage, it is considered as the foundation of the contractual relationship.Conduct in good faith at the stage of entering into a contract would also avoid causing potential damages and liability".- The first part gives , of Completion of the contract in good faith, is a legal requirement under the

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Khrystyna, POGORETSKA. "CONTRADICTIONS IN INTERPRETATION OF INTERNATIONAL ARBITRATION AGREEMENTS." Foreign trade: economics, finance, law 117, no. 4 (2021): 58–71. http://dx.doi.org/10.31617/zt.knute.2021(117)06.

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This article explores a divergence of approaches applicable to interpretation of arbitration agreement due to the very nature of international commercial arbitration as transnational and multicultural forum. The author also considers globalization of international commerce as a key factor in promoting predictability and certainty of contractual interpretation and thereby promoting uniformity in its approaches. The interaction between the diversity of legal cultures, on the one hand, and demand for uniformity, on the other hand, are at stake in this discussion. Keywords: diversity, uniformity,

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Usanti, Trisadini Prasastinah. "Legal Risk Mitigations on Trademark Rights as Bank Guarantee Credit." International Journal of Multicultural and Multireligious Understanding 7, no. 9 (2020): 240. http://dx.doi.org/10.18415/ijmmu.v7i9.2025.

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Credit problem and even bad credit are a problem for banks, because the existence of credit problem is not only decrease the bank incomes but decrease the profit. This research has a purpose to examine the risk mitigation on object guarantee in form of trademark rights which conducted by bank. The method used here is normative method by statutory and conceptual approach. This research used Burgerlijk Wetboek (BW), the Constitutions Number 20/2016 about Brands and Geographic indication, the Constitution of Banks, The Constitution Number 42/1999 about the Fiduciary Guarantee and Implementing the

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Novikova, T. V. "Identification by the Сourt of Choice of Law Agreement Permissibility and Validity (in the Light of the Supreme Court of the Russian Federation Plenum Explanation of 9 July 2019)". Rossijskoe pravosudie 3 (21 лютого 2020): 5–13. http://dx.doi.org/10.37399/issn2072-909x.2020.3.5-13.

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Problem statement. Standard of choice of law by the parties to international contractual relations is set by article 1210 of the Russian Federation Civil Code, which nevertheless does not cover issues of choice of law agreement permissibility and validity. Goals and tasks of the research. Goal – analysis of legal foundation for the court to identify choice of law agreement permissibility and validity – in the light of the Supreme Court of the Russian Federation plenum explanation of 09 July 2019. Tasks: review of approaches to identify choice of law agreement validity and criticism towards som

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Palanisamy, Ramaraj, Jacques Verville, and Nazim Taskin. "The critical success factors (CSFs) for Enterprise Software contract negotiations." Journal of Enterprise Information Management 28, no. 1 (2015): 34–59. http://dx.doi.org/10.1108/jeim-12-2013-0083.

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Purpose – As the wrong Enterprise Software (ES) acquisition can lead an organization with chronically exceeded budgets and settling for minimum returns, so can an unfavorable contractual agreement. Often the acquiring organizations become vulnerable to risks and mistakes as the software contracts are habitually written using legal terminologies and mainly to the advantage of the vendor. To avoid costly ES contracting mistakes, the purpose of this paper is to empirically identify the critical success factors (CSFs) of contracting in the context of ES acquisition. Design/methodology/approach – A

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Muratova, O. V. "The Concept of Transnational Consumer Law in the Modern World." Lex Russica, no. 7 (July 31, 2019): 20–28. http://dx.doi.org/10.17803/1729-5920.2019.152.7.020-028.

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The article is devoted to the analysis of changes that have taken place in the regulation of cross-border contractual relations with the participation of consumers in connection with the development of information and telecommunication technologies and e-commerce. The author examines the concept of «transnational online contract» and the influence of a «digital element» on the characteristics of contractual relations. Also, the paper provides for the classification of online contracts with due regard to: 1) the subject matter of the online contract; 2) characteristics of the parties involved i

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Hasballah, Khairuddin. "The Milk Al-Yamin Concept as a Validity of Sexual Relationship in a Modern Context: an Analysis of Muhammad Syahrur's Thoughts." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 4, no. 2 (2020): 337. http://dx.doi.org/10.22373/sjhk.v4i2.7068.

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In the understanding of fiqh turats, the concept of milk al-yamin is affecting the legal protection for oppressed slaves during the Jahiliyah period. According to Syahrur, the concept of milk al-yamin had similarities and differences with the marriage contract. The similarity lies in the ability to have sexual relations, while the difference is that a marriage contract is not merely a sexual relationship, but it has a legal effect on the production of the rights and obligations of a husband and wife to build a family, and other social activities related to mushaharah. Milk al-yamin does not ar

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17

Bogdanova, Natalya A. "ESTABLISHING THE VALIDITY OF THE INTERNATIONAL JURISDICTION AGREEMENT ON THE BASIS OF THE LEX CAUSAE: ADVANTAGES AND DISADVANTAGES." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 37 (2020): 131–41. http://dx.doi.org/10.17223/22253513/37/11.

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The Institute of International Jurisdiction Agreement has recently been incorporated into domestic law through the adoption of the Russian Code of Arbitration Procedure on 24 July 2002 and the Russian Code of Civil Procedure on 14 November 2002. Previously, the domes-tic doctrine did not give sufficient attention to this instrument of contractual regulation of procedural relations and it was considered only to a limited extent. At present, including the adoption of the Concept of the Unified Code of Civil Procedure of the Russian Federation, which was developed for the purpose of comprehensive

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18

Teubner, Gunther. "'And if I by Beelzebub cast out devils, …': an essay on the diabolics of network failure." Journal on Chain and Network Science 10, no. 2 (2010): 101–14. http://dx.doi.org/10.3920/jcns2010.x113.

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Following a first euphoric phase about the advantages of commercial networks, there is now a host of reports attesting to their confusing over-complexity. Network failures are manifold: overwhelming environment information, coordination blockades, severe interface problems, permanent decision conflicts, a-symmetric power relations, opportunistic behaviour of nodes and centre, as well as negative externalities of net activities. In order to overcome network failure this article pursues an institutional analysis of networks: Where can the 'opportunity structure' be found, the social potential fo

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Q.W., Kwang, and Ting S. N. "Adequacy of Quality Provisions in Standard Forms of Local and International Construction Contracts." Journal of Civil Engineering, Science and Technology 1, no. 1 (2009): 1–9. http://dx.doi.org/10.33736/jcest.69.2009.

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Standard forms of contracts have been in use in the Malaysian construction industry as a means to expedite contractual and legal duties for the clients who wish to avoid expensive and complex legal endeavors to arrive at an agreement with their contractors. Various forms have been drafted by various professional bodies and organizations, both locally and internationally, to meet the demands of the local construction market for standard forms. Quality provisions are among the topics/issues covered in the standard forms. However, evidently, it is noted that the quality and its standards in the M

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Haroon, Omair, Sameen Fatima Meenai, and Aun Raza Rizvi. "Dana Gas: The Sukuk Dispute." Asian Journal of Management Cases 17, no. 1_suppl (2019): S42—S54. http://dx.doi.org/10.1177/0972820119884395.

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In its announcement dated 13 June 2017, Dana Gas called for a restructuring of the Sukuk maturing in October worth US$700 million. This demand was based upon the claim that the evolution of Islamic finance and jurisprudence since the original structuring of the mudarabah sukuk had rendered it, in its present form, Shariah non-compliant and hence unlawful and unenforceable under the UAE law. This case analyzes the impact of the events leading up to this decision on the work of financial analysts following such firms and products. In response to the principles laid down by the management for a r

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21

Pavlovskyi, O. "REGARDING THE SUBJECT OF THE CONTRACT FOR THE SUPPLY OF MATERIAL RESOURCES TO MILITARY UNITS (LEGAL ENTITIES UNDER PUBLIC LAW)." Uzhhorod National University Herald. Series: Law, no. 63 (August 9, 2021): 195–98. http://dx.doi.org/10.24144/2307-3322.2021.63.34.

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In accordance with Part 2 of Art. 17 of the Constitution of Ukraine, military units, first of all, are the bearers of power and act in public relations as subjects of realization of the goal set by the state in the form of repulse of possible aggression from outside, and therefore the main tasks, internal structure, subordination, reporting and control in this area is governed by constitutional and administrative law. However, in some cases, the military unit for the implementation of its tasks may act as an independent entity in civil law, and therefore, certain relations are governed not onl

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Milishchuk, N. S. "Certain problems of legal regulation of the conclusion of the purchase and sale contract (on the basis of analysis of examples from judicial practice)." Uzhhorod National University Herald. Series: Law, no. 64 (August 14, 2021): 151–53. http://dx.doi.org/10.24144/2307-3322.2021.64.28.

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The contract of purchase and sale is one of the most common contractual institutions. According to the Art. 655 of the Civil code of Ukraine, under the contract of purchase and sale one party (seller) transfers or undertakes to transfer property (goods) into property to other party (buyer), and the buyer accepts or undertakes to accept prop-erty (goods) and to pay for it a certain monetary amount. At the same time, according to the case law, no unified approaches have been developed to interpret the legal consequences of failure to reach agreement on all the essential terms of purchase and sal

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Vazquez, Bárbara Vallejos, Magda Barros Biavaschi, and Alisson Droppa. "As segundas intenções da reforma trabalhista brasileira – uma análise das extinções contratuais em “comum acordo”." Teoria Jurídica Contemporânea 4, no. 2 (2020): 250–70. http://dx.doi.org/10.21875/tjc.v4i2.24403.

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RESUMO:O artigo discute alguns aspectos da Lei nº 13.467/2017, a lei da “reforma trabalhista” brasileira, com foco na modalidade de extinção do contrato de emprego por “comum acordo”. A partir de uma análise dos pressupostos da “reforma”, por meio de dados extraídos do Cadastro Geral de Empregados e Desempregados e dos relatórios do Tribunal Superior do Trabalho, procede a um balanço de seus primeiros 16 meses de vigência, buscando evidenciar seus impactos e mostrando como essa forma de extinção contratual pode trazer prejuízos aos trabalhadores. Em linhas gerais, o texto aprofunda os estudos

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Rezgui, Yacine, Thomas Beach, and Omer Rana. "A GOVERNANCE APPROACH FOR BIM MANAGEMENT ACROSS LIFECYCLE AND SUPPLY CHAINS USING MIXED-MODES OF INFORMATION DELIVERY." Journal of Civil Engineering and Management 19, no. 2 (2013): 239–58. http://dx.doi.org/10.3846/13923730.2012.760480.

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Built environment data is of varying nature embedding various forms of sensitivities with potential legal, contractual, intellectual property, and security implications. The paper presents a governance approach for managing multi-actor, multi-discipline, and total lifecycle data, informed by a wide industry consultation conducted in the UK between March and September 2011. The study identifies a number of barriers in engaging with Building Information Modelling (BIM) efforts with a view of facilitating collaboration around a common and integrated project specification. A governance model is pr

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Hu, Kai, Jian Zhu, Yi Ding, Xiaomin Bai, and Jiehua Huang. "Smart Contract Engineering." Electronics 9, no. 12 (2020): 2042. http://dx.doi.org/10.3390/electronics9122042.

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A smart contract is the algorithmic description of a contractual transaction protocol that is automatically executed together with the information provided by its parties. It is written in a simplified programming language that is specific to a particular domain. Not only correctness and unambiguity are its essential formal properties, but also conformance to any legislation governing the matter of the transaction. Finally, and importantly, the trustworthiness, safety and security of the platform executing the transactions are its main attributes. An emerging challenge is to define a proper en

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Novikova, Tatyana V. "ON THE INTERPRETATION OF THE TERMS «LAW» AND «LEGISLATION» IN THE CONTEXT OF THE AUTONOMY OF WILL OF THE PARTIES TO INTERNATIONAL PRIVATE LAW RELATIONS." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 37 (2020): 151–67. http://dx.doi.org/10.17223/22253513/37/13.

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As a general rule, an express written agreement on applicable law is the most successful in the event of a dispute. However, the wording of the agreement, particularly when terms such as «law» and «legislation» are used, can cause significant difficulties in the law enforcement process. The practice of Russian courts and the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation has established the position that the parties' choice of «Russian Federation law» means, first and foremost, their choice of international treaties of the Russian F

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Gutiérrez Aguilar, Ricardo. "Obligación contractual = Contractual obligation." EUNOMÍA. Revista en Cultura de la Legalidad, no. 18 (April 1, 2020): 164. http://dx.doi.org/10.20318/eunomia.2020.5271.

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Resumen: El presente trabajo se plantea los interrogantes tanto legales como morales a que una teoría del contrato –y de su equivalente deóntico, la promesa– aboca. Encontramos esta doble naturaleza de las obligaciones legales ya desde los tiempos del derecho romano clásico, pero no es sino desde los años 80 que el tema ha experimentado una segunda vida académica. Con el advenimiento de la llamada muerte del contrato, los teóricos de la materia han discutido si el derecho civil no debería reabsorber la teoría general sobre el contrato como disciplina independiente, y reducir su componente mora

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Jagodic, Tone, and Zlatko Mateša. "Basic Elements of Sponsorship Contract in Sport." Zbornik radova Pravnog fakulteta u Splitu 55, no. 2 (2018): 275–87. http://dx.doi.org/10.31141/zrpfs.2018.55.128.275.

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Sponsorship represents very important source of finances for many sports organizations. The aim of the article is to analyze structural elements of sponsorship contract and to propose a proper definition of a sponsorship contract, while leaning on the many sources of comparative law. The review of foreign legislation shows that not one country has yet legally enacted the sponsorship contract. Some legislation regulate sponsorship in an indirect way using common rules of contractual law or some elements of other contracts, which are already well known and regulated by legal systems. In determin

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Enshassi, Adnan, Abed Ayash, and Sherif Mohamed. "Key barriers to the implementation of energy-management strategies in building construction projects." International Journal of Building Pathology and Adaptation 36, no. 1 (2018): 15–40. http://dx.doi.org/10.1108/ijbpa-09-2017-0043.

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Purpose Knowledge and application of energy management during the life cycle of construction projects are lacking. The purpose of this paper is to identify and investigate the key barriers that are faced by contracting firms in the implementation of energy management during building construction projects focussing on construction plants, as they are considered as the major energy users on site. Design/methodology/approach A questionnaire survey was employed and distributed using stratified random sampling to 100 contracting companies operating in the Gaza Strip. The collected data were analyse

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Shavell, Steven. "Contractual Holdup and Legal Intervention." Journal of Legal Studies 36, no. 2 (2007): 325–54. http://dx.doi.org/10.1086/511892.

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Kosinova, K. S. "CONTRACTUAL-LEGAL NATURE OF MANUFACTURED OUTSOURCING." Economics and Law, no. 1 (April 3, 2019): 11–19. http://dx.doi.org/10.15407/econlaw.2019.01.011.

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Macário, Rosário. "4. Legal, institutional and contractual issues." Research in Transportation Economics 11 (January 2005): 43–74. http://dx.doi.org/10.1016/s0739-8859(05)80007-1.

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Wiśniewski, Jakub Bożydar. "Legal Polycentrism and Contractarianism." Ekonomia 23, no. 2 (2017): 75–82. http://dx.doi.org/10.19195/2084-4093.23.2.5.

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Legal Polycentrism and ContractarianismAccording to the contractarian perspective, a public good can be thought of as not so much a good that meets the technical neoclassical criteria of non-rivalness and non-excludability, but as one that is produced on a purely contractual basis, thus necessarily increasing the utility of all the involved parties. In this paper, by critically examining Nozick’s “emergent” contractarianism and Buchanan’s teleological contractarianism, I shall argue that no such contractual origin can be plausibly attributed to territorial monopolies of force, and that therefo

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Zhang, Qiyuan, Jason Lu Jin, and Defeng Yang. "How to enhance supplier performance in China: interplay of contracts, relational governance and legal development." International Journal of Operations & Production Management 40, no. 6 (2020): 777–808. http://dx.doi.org/10.1108/ijopm-02-2020-0093.

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PurposeGiven the pivotal influence of institutional forces, an important yet underexplored question in supply chain management literature is how contractual and relational governance jointly affect supplier performance under weak legislative environments. This study tends to solve the debate by distinguishing contractual definability from contractual enforceability and by considering the contingent role of legal development in China.Design/methodology/approachUsing a combined dataset of secondary data and a survey of 224 buyer–supplier dyads in China, this study examines how contractual defina

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DINIZ, Maria Helena. "EFEITOS DO DANO ORIUNDO DE INADIMPLEMENTO CULPOSO DO CONTRATO DE EMPREITADA." Revista Juridica 1, no. 58 (2020): 1. http://dx.doi.org/10.21902/revistajur.2316-753x.v1i58.3821.

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RESUMO Metodologia: Para atingir ao que se pretende transmitir, cientificamente, neste artigo, a metodologia utilizada foi a lógico-dialética, tendo por suporte a análise de referências bibliográficas, da legislação brasileira, principalmente, do Código Civil de 2002 e de decisões judiciais como as do Superior Tribunal de Justiça.Resultados: O artigo aponta, se uma das partes vier a ser indenizada, em virtude de descumprimento de contrato de empreitada por culpa de outra, as seguintes consequências jurídicas: inexistência de enriquecimento ilícito e descabimento de propositura de ação in rem v

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Milovska, Nadiia. "The Role of Judicial Practice in the Legal Regulation of Insurance Contractual Relations." Slovo of the National School of Judges of Ukraine, no. 2(31) (July 30, 2020): 97–105. http://dx.doi.org/10.37566/2707-6849-2020-2(31)-9.

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he article is devoted to determining the concept, role and significance of judicial practice in the legal regulation of insurance contractual relations, the establishment of its characteristic features and its correlation with other sources of legal regulation of the relevant relations. It has been established that the legal regulation of insurance contractual relations represents a state-dominant influence on such relations by a combination of legal means by which specific entities (the insurer and the insured) influence the legal relationship in the insurance industry by establishing specifi

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Fedoseev, A. A. "The Civil Law Principle of Cooperation in the Continental Law Doctrine: Extension Beyond Contractual Legal Relations." Вестник Пермского университета. Юридические науки, no. 52 (2021): 346–71. http://dx.doi.org/10.17072/1995-4190-2021-52-346-371.

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Introduction: the article analyzes the possibility of the civil law principle of cooperation being implemented in various types of relations under civil law. Traditionally, the cooperation principle is considered in both Russian and foreign literature as the principle of fulfillment of a contractual obligation or as a group of additional obligations imposed on the parties to the contract and arising from the good faith principle. A more detailed consideration of the idea if cooperation allows us to draw a conclusion about the feasibility of this principle in other types of relations under civi

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Kagalnitskova, Natalia, and Olga Tolstova. "Agreements to Eliminate Liability for Breach of a Contractual Obligation: Comparative Analysis of the Legal Regulation and Judicial Practice." Legal Concept, no. 4 (February 2021): 123–30. http://dx.doi.org/10.15688/lc.jvolsu.2020.4.16.

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Introduction: modern legal science is faced with the task of developing the concept of an agreement on the elimination of contractual civil liability: determining its legal nature, scope and conditions for its implementation. For this purpose, the authors of the paper attempt to model the theoretical and legal basis of the agreement on the elimination of contractual liability of the debtor for non-performance, improper performance of its obligations. Using the general scientific methods – synthesis, analysis, comparative and dialectical methods, as well as the specific scientific methods of co

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김미경. "Relation between Contractual Guardanship and Legal Guardanship." KYUNGPOOK NATIONAL UNIVERSITY LAW JOURNAL ll, no. 63 (2018): 263–86. http://dx.doi.org/10.17248/knulaw..63.201810.263.

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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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Hasani, Alireza. "Citing Responsibility for Enforcement Despite Contractual Liability in Compensation Expense, Injured in Jurisprudence and Iranian Law." Journal of Politics and Law 9, no. 7 (2016): 279. http://dx.doi.org/10.5539/jpl.v9n7p279.

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<p>Civil liability, contractual liability, and unconventional have two branches. If there is a contract between two or more persons and one of them committed a breach of contract (failure to perform, delay in performing the obligation) to and to harm the other party is incomplete and should the contract have contractual liability for damages cope. Where does harm to another person without a contract exists between them or if there is a contract, Inflict losses not related to the contract, the talk of non-contractual liability.</p><p>About whether contractual and non-contractu

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Collins, David. "Settlement agreements, legal information and the mistake of law rule in contract." Northern Ireland Legal Quarterly 61, no. 1 (2020): 1–15. http://dx.doi.org/10.53386/nilq.v61i1.438.

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The extent of the doctrine of contractual mistake of law is evaluated in light of the Court of Appeal’s decision in Brennan v Bolt Burdon through the lens of economic efficiency, the associated incentivisation of productive information acquisition and contractual risk allocation. The Brennan court’s decision limits the relief available for claims of mistake grounded in unanticipated changes in the law to mistakes involving exceptional errors. In so doing it acknowledges the risk inherent in accepting contractual settlement offers as a matter of commercial risk taking which can be offset throug

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ABDRASULOV, Ermek B., and Murat G. GUBAIDULLIN. "Legal Contracts and Legal Customs in the History of the Law of the Kazakh Society." Journal of Advanced Research in Law and Economics 10, no. 7 (2019): 1951. http://dx.doi.org/10.14505/jarle.v10.7(45).01.

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The legal conditions created in Kazakh society through the Khansko-Biyskiycode before the colonization of Tsarist Russia were aimed at meeting the needs of community members and reflecting them in everyday life. Their diversity was limited after the accession of the Kazakh society to Russia. During the period of contractual relations between the Russian Empire and the Kazakh society, the main forms of contracts were introduced that arose in the practice of European countries. Analysis of the norms of customary law governing contractual relations in the Kazakh society was done. It was concluded

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Kardel, Mahmoud Fard. "Iran’s Oil and Gas Legal Framework: from Exploration to Revolution." Asia Pacific Journal of Energy and Environment 6, no. 1 (2019): 15–22. http://dx.doi.org/10.18034/apjee.v6i1.259.

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The main purpose of this article is to examine Iran’s legal and contractual framework for their petroleum, oil and gas industry. Basically, the legal and contractual framework of the Iranian oil and gas industry has been classified into three periods. The first period is from the exploration and discovery of oil in Iran to nationalisation (1901-1951), the second period is from nationalisation to revolution (1951-1979), and the third period is from revolution to the present day (1979-20016).Because each period has its own features and importance two articles will examine this topic. The first p

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Kologermanskaya, C. M. "Features of contractual regulation of relations in the use of renewable energy sources." Courier of Kutafin Moscow State Law University, no. 3 (May 15, 2020): 174–78. http://dx.doi.org/10.17803/2311-5998.2020.67.3.174-178.

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The article presents a legal analysis of the features of contractual regulation in the use of renewable energy sources in the Russian Federation and foreign countries. It is noted that in the modern period, the sphere of contractual regulation of relations arising from the use of renewable energy sources remains insufficiently studied, which is why it is necessary to conduct legal research in this area, study the experience of contractual regulation in the field of electricity abroad. For the purposes of developing legal regulation, the author proposes a conditional classification of contracts

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Antoniuk, Olena I., Yuliia M. Pavliuchenko, and Ivan I. Vyshnyvetskyy. "CONTRACTUAL REGISTRATION OF ORGANIZATIONAL AND LEGAL RELATIONS BETWEEN SUBJECTS INVOLVED IN THE CONDUCT OF CLINICAL TRIALS OF MEDICINAL PRODUCTS." Wiadomości Lekarskie 73, no. 12 (2020): 2840–47. http://dx.doi.org/10.36740/wlek202012223.

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The aim: Determination of features of contractual registration of organizational and legal relations between the subjects involved in carrying out clinical trials of medicinal products; justification of proposals on improvement of law enforcement practice in this field. Materials and methods: This research is based on the analysis of the norms of international law and legislation of particular states, practice of contractual registration of organizational and legal relations between the subjects of clinical trials of medicinal products. The research was carried out using the methods of dialect

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Муратова, Ольга, and Olga Muratova. "PRE-CONTRACTUAL RELATIONS IN INTERNATIONAL COMMERCIAL TURNOVER: SPECIFICITY AND TENDENCIES OF LEGAL REGULATION." Journal of Foreign Legislation and Comparative Law 3, no. 3 (2017): 69–76. http://dx.doi.org/10.12737/article_593fc343b94613.23365582.

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The article is devoted to analysis of specifics and trends of legal regulation of pre-contractual relations in international commercial turnover. The emergence of disputes arising from pre-contractual relations, the recognition of the doctrine of culpa in contrahendo, which appeared in the late nineteenth century and helped to establish the Institute that meets the needs of the international commercial turnover in the XXI century. The determining factor in the formation of the new Institute of pre-contractual relations of the Russian civil law are the successes of the foreign national codifica

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Brisov, Yu V. "The Development of Contract Law in the Field of Blockchain Technologies." Kutafin University Law Review 7, no. 2 (2020): 147–82. http://dx.doi.org/10.17803/2313-5395.2020.2.14.147-182.

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The paper provides an overview of different legal approaches to structuring contractual relations based on blockchain technology. The author considers the USA experience of building blockchainoriented contractual relations to be cutting-edge legal solutions. The paper introduces the concept of a Simple Agreement for Future Tokens (SAFT). American investment lawyers invented this specific type of contract. SAFT shows the unique contractual solution that allows investors and inventors to form legal, contractual obligations that contradict neither American nor Russian contract law. The complexity

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Bakulina, L. T. "Genesis of general legal theory of contractual regulation." Courier of Kutafin Moscow State Law University (MSAL)) 1, no. 8 (2020): 134–43. http://dx.doi.org/10.17803/2311-5998.2020.72.8.134-143.

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Mazhorina, Maria. "Cross-Border Contractual Obligations: Issues in Legal Qualification." Law. Journal of the Higher School of Economics, no. 2 (July 1, 2016): 143–59. http://dx.doi.org/10.17323/2072-8166.2016.2.143.159.

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