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Journal articles on the topic 'Legal contract negotiation'

Author: Grafiati

Published: 10 December 2022

Last updated: 31 July 2025

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1

Solomin, S. K., and N. G. Solomina. "Contract Negotiation." Herald of Omsk University. Series: Law, no. 3 (2023): 41–50. http://dx.doi.org/10.24147/1990-5173.2023.20(3).41-50.

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The domestic doctrine of the contract over the past century and a half has been repeatedly revised, which, first of all, is associated with the development of property relations. However, any transformation of views on the legal categories established in civilistic doctrine must have a weighty argument based on an understanding of the essence of the relevant processes and phenomena of reality. In the past decade, the substance of some legal categories under the constant press of law enforcement practice has changed so much that they have lost their speciality in the absence of any sufficient p

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2

Малеина, Марина, and Marina Maleina. "Contract Negotiations (Concept, Legal Regulation, Rules)." Journal of Russian Law 4, no. 10 (2016): 0. http://dx.doi.org/10.12737/21521.

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The article describes the two orders of the contract negotiations: non-contractual procedure based on the provisions of Civil Code of the Russian Federation, and the contractual order with the help of an agreement on the procedure for negotiating. Above agreement can be of three types: the agreement on the procedure for negotiating, the agreement on the content of the future treaty, the agreement of the mixed type. Regardless of the order of negotiation grounds for damages of losses are unfair negotiations, including disclosure of confidential information transmitted by the other party or use

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Alnumani, Naraman Jameel Neamah. "The Legal Nature of Pre-Contract Negotiations." Journal of Law and Sustainable Development 11, no. 6 (2023): e1227. http://dx.doi.org/10.55908/sdgs.v11i6.1227.

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Objectives: One of the objectives that prompted us to search for (the legal nature of the negotiations leading to the contract) is to adapt these negotiations so that the legal provisions that apply to them are identified, in addition to knowing the legal nature of the responsibility that arises on the negotiating parties as a result of their breach of the obligations and principles on which the negotiations are based to provide legal protection for the negotiating parties as a result of this breach.  Theoretical Framework: The negotiations leading up to the agreement shall be base

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4

Sopamena, Ronald Fadly. "Kekuatan Hukum MoU Dari Segi Hukum Perjanjian." Batulis Civil Law Review 2, no. 1 (2021): 1. http://dx.doi.org/10.47268/ballrev.v2i1.451.

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Prior to a business transaction, initial negotiations are usually carried out. Negotiation is a process of trying to reach an agreement with other parties. Negotiation is also an instrument that bridges the various interests of business actors in formulating their rights and obligations. It is in this negotiation that the bargaining process takes place. The next stage is the making of a memorandum of understanding, which in this writing is abbreviated as MoU. This study aims to examine whether the MoU can be used as a preliminary agreement as well as the legal strength of the MoU in terms of c

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Egbumokei, Peter Ifechukwude, Ikiomoworio Nicholas Dienagha, Wags Numoipiri Digitemie, Ekene Cynthia Onukwulu, and Olusola Temidayo Oladipo. "Cost-effective contract negotiation strategies for international oil & gas projects." International Journal of Multidisciplinary Research and Growth Evaluation 5, no. 4 (2024): 1284–97. https://doi.org/10.54660/.ijmrge.2024.5.4.1284-1297.

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Cost-effective contract negotiation is a critical component in managing international oil and gas projects, where financial efficiency and operational reliability are paramount. The complexity of these projects, which often involve cross-border transactions, diverse stakeholders, and fluctuating market conditions, requires a strategic approach to negotiation. This review highlights key strategies for ensuring cost-effective contract negotiations in the sector. First, a focus on risk-sharing mechanisms allows parties to mitigate uncertainties related to oil price volatility, geopolitical risks,

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Onukwulu, Ekene Cynthia, Joyce Efekpogua Fiemotongha, Abbey Ngochindo Igwe, and Chikezie Paul-Mikki Ewim. "Strategic contract negotiation in the oil and gas sector: approaches to securing high-value deals and long-term partnerships." Journal of Advance Multidisciplinary Research 3, no. 2 (2024): 44–61. https://doi.org/10.54660/.jamr.2024.3.2.44-61.

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The oil and gas sector arecharacterized by high-stakes negotiations that require a strategic approach to securing lucrative contracts and fostering sustainable partnerships. This study examines the critical financial and strategic principles underlying large-scale contract negotiations, emphasizing methodologies that drive value optimization, risk mitigation, and long-term business success. Key negotiation strategies include leveraging market intelligence, employing structured deal frameworks, and utilizing advanced financial modeling to assess contract feasibility and profitability. A data-dr

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7

Demkina, Alesya V. "FUNDAMENTALS OF THE THEORY OF PRE-CONTRACTUAL LIABILITY." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 40 (2021): 148–61. http://dx.doi.org/10.17223/22253513/40/13.

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The article deals with the relatively new rules of Art. 434.1 the Civil Code of the Russian Federation on the conduct of negotiations. Taking into account the current wording of the said rule and the experience of foreign legislation on pre-contractual liability, the article argues for different theories justifying the nature of pre-contractual legal relations and liability and gives different positions of the authors on this issue. Proceeding from the doctrinal concept of obligation and characteristics of pre-contractual relations themselves the conclusion is made that these relations, firstl

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8

Raynikov, A. S. "FREEDOM OF NEGOTIATION AS A SEPARATE ASPECT OF THE PRINCIPLEOF FREEDOM OF CONTRACT: CONTENT AND LIMITS." Ex jure, no. 3 (2024): 97–110. http://dx.doi.org/10.17072/2619-0648-2024-3-97-110.

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in the article the argument is made that freedom of negotiation is а separate aspect of the principle of freedom of contract. The importance of this thesis is expressed in the scope of liability of a person who is in breach of the duty to enter into a contract and a person who is in breach of the duty to negotiate in accordance with good faith and fair dealing. The content of the freedom of negotiation is determined. Such freedom consists of the right to decide when and who to negotiate with, to continue, to pause or to end negotiations, to determine terms and procedure for negotiations. In th

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9

Thompson, Michael A., Patricia A. Hurley, Bryan Faller, et al. "Challenges With Research Contract Negotiations in Community-Based Cancer Research." Journal of Oncology Practice 12, no. 6 (2016): e626-e632. http://dx.doi.org/10.1200/jop.2016.010975.

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Purpose: Community-based research programs face many barriers to participation in clinical trials. Although the majority of people with cancer are diagnosed and treated in the community setting, only roughly 3% are enrolled onto clinical trials. Research contract and budget negotiations have been consistently identified as time consuming and a barrier to participation in clinical trials. ASCO’s Community Research Forum conducted a survey about specific challenges of research contract and budget negotiation processes in community-based research settings. The goal was to ultimately identify pote

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10

Raynikov, Artem. "The Doctrine of Contract Negotiations." Journal of Russian Law 28, no. 10 (2024): 93. https://doi.org/10.61205/s160565900029817-2.

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In the civilistic doctrine of contract negotiations, undeservedly little attention is paid to the basic concept of this doctrine — the concept of negotiations. The result of this omission is the lack of well-established ideas in legal science about the signs of negotiations and the disparity of positions about when negotiations begin and at what point they end. All this creates obstacles to the effective application of the doctrine of culpa in contrahendo, which received a powerful impetus to development after the reform of civil legislation. The article examines competing approaches to the de

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11

Sławicki, Piotr. "Precontractual Agreements in Selected Legal Systems." TalTech Journal of European Studies 10, no. 3 (2020): 26–44. http://dx.doi.org/10.1515/bjes-2020-0020.

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Abstract Certain legal instruments have been developed in business transactions in order to facilitate the conclusion of an agreement under negotiation. The instruments of this kind are called precontractual agreements. They play an important role in shaping the legal situation of entities involved in the negotiation process. The basis for concluding precontractual agreements is the main principle of civil law, namely, the principle of freedom of contract. The most often mentioned precontractual agreements include a letter of intent and an agreement to negotiate. A letter of intent is a statem

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12

Anita Jumai Ehidiamen and Olajumoke Omolayo Oladapo. "Optimizing contract negotiations in clinical research: Legal strategies for safeguarding sponsors, vendors, and institutions in complex trial environments." World Journal of Biology Pharmacy and Health Sciences 20, no. 1 (2024): 335–48. http://dx.doi.org/10.30574/wjbphs.2024.20.1.0790.

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This paper examines the complexities of clinical trial contract negotiations, focusing on legal strategies and technological innovations that safeguard the interests of sponsors, vendors, and institutions. In an increasingly globalized and digital research environment, contract negotiations are pivotal to ensuring compliance, protecting intellectual property, and mitigating legal risks. The study’s purpose was to explore key components of clinical trial contracts, address the challenges involved, and assess future trends, particularly in light of evolving regulatory frameworks and technologica

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13

Fine, Keenan S., Pradeep Attaluri, Peter J. Wirth, Ellen C. Shaffrey, and Venkat K. Rao. "The Anatomy of an Employment Contract." Plastic and Reconstructive Surgery - Global Open 13, no. 3 (2025): e6635. https://doi.org/10.1097/gox.0000000000006635.

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Summary: Understanding the anatomy of an employment contract in plastic surgery is essential for achieving financial stability and advancing career goals. The lack of formal training for residents on employment contracts can make it challenging to secure favorable terms postgraduation, potentially leading to career dissatisfaction and increased risk of burnout. This review aimed to provide a comprehensive overview of the key elements of an employment contract to empower plastic surgeons and residents in effective negotiation. It covers critical contract components, including compensation model

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14

Lawal, Adeyinka, Bisayo Oluwatosin Otokiti, Sibongile Gobile, Adeola Okesiji, and Odunayo Oyasiji. "Enhancing Contract Negotiation and Compliance in Business Law through Advanced Analytics and Strategic Risk Management Frameworks." Journal of Frontiers in Multidisciplinary Research 3, no. 1 (2022): 340–49. https://doi.org/10.54660/.jfmr.2022.3.1.340-349.

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This paper explores the critical intersection of advanced analytics, strategic risk management, and contract negotiation and compliance within business law. Through a mixed-methods approach, including qualitative interviews and quantitative surveys, the research reveals that organizations leveraging data-driven decision-making significantly enhance their negotiation strategies and compliance rates. The findings indicate that applying advanced analytics allows legal professionals to gain valuable insights into historical performance, anticipate risks, and formulate informed negotiation tactics,

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15

Ruiz-Martínez, Antonio, C. Marín-López, Laura Baño-López, and Antonio Skarmeta. "A New Fair Non-repudiation Protocol for Secure Negotiation and Contract Signing." JUCS - Journal of Universal Computer Science 15, no. (3) (2009): 555–83. https://doi.org/10.3217/jucs-015-03-0555.

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The participation of an e-notary, acting as an on-line Trusted Third Party is required in some scenarios, such as Business to Business, Intellectual Property Rights contracting, or even as a legal requirement, in contract signing is frequently necessary. This e-notary gives validity to the contract or performs some tasks related to the contract, e.g. contract registration. In the abovementioned contracting scenarios, two important additional features are needed: the negotiation of the e-contract and confidentiality. However, until now, e-contract signing protocols have not considered these iss

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16

Amazing, Hope Ekeh, Elachi Apeh Charles, Somtochukwu Odionu Chinekwu, and Austin-Gabriel Blessing. "Automating Legal Compliance and Contract Management: Advances in Data Analytics for Risk Assessment, Regulatory Adherence, and Negotiation Optimization." Engineering and Technology Journal 10, no. 01 (2025): 3684–703. https://doi.org/10.5281/zenodo.14777107.

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The integration of data analytics into legal compliance and contract management is transforming traditional processes by automating risk assessments, enhancing regulatory adherence, and optimizing negotiations. This paper reviews state-of-the-art applications of advanced analytics, focusing on technologies such as predictive analytics, machine learning, and natural language processing (NLP). These tools enable organizations to streamline contract drafting, detect compliance risks in real-time, and derive actionable insights to enhance negotiation strategies. The proposed framework leverages pr

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17

Tatar, Olga, and Iurie Mihalache. "Legal nature and practice of application of the Vienna convention in the regulation of international contractual relations." National Law Journal, no. 1(249) (November 2023): 37–46. http://dx.doi.org/10.52388/1811-0770.2023.1(249).04.

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The procedure for concluding an agreement has come a long way of evolution from a strictly formalized process to concluding an agreement using computer networks. Currently, almost all legal systems regulate the main stages of the pre-contractual process - the direction of the offer, its analysis and acceptance to the addressees, as well as the conclusion of the contract during the negotiation process. However, the intensity of such regulation and the range of regulated relations differ in each legal family and even in states belonging to the same legal family (for example, Great Britain and th

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18

Couret, Alain, and Bruno Dondero. "The Breaking Off of Negotiations in M&A Operations: Comparative Approach." European Business Law Review 23, Issue 3 (2012): 347–73. http://dx.doi.org/10.54648/eulr2012020.

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The breaking off of negotiations does not affect only transfer of companies' ownership operations. Nevertheless, when the breaking off occurs in that particular case, it often implies dramatic consequences. The sudden withdraw from the table of negotiations of the only possible buyer - or at least the person seen as such - may cause a complete stop of the company's activity for a more or less long time. The hereafter comparative study shows that, in the negotiation context, the duties that the parties must abide by have different sources according to countries. Therefore, the breaking off can

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19

Fikrina, Aulia, Meissy Putri Deswari, Yossiramah Sucia, and Amanda Silvia Putri. "Adapting Contract Law to the Digital Era: The Indonesian Context." Melayunesia Law 9, no. 1 (2025): 1–15. https://doi.org/10.30652/cwnhf292.

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This study examines the transformation of contract law in Indonesia in response to the increasing prevalence of digital agreements and automated contracts, particularly smart contracts. The central issue addressed is the adaptability of conventional legal paradigms to digital interactions, wherein agreements are frequently formed and executed through code without direct human negotiation. Employing a normative-qualitative method and a comparative conceptual approach, the research identifies key challenges and legal gaps in the recognition, validity, and enforcement of digital contracts. The fi

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20

Banaba, Hendra, Tri Susilowati, and Hono Sejati. "Legal gap in legal protection for aggrieved parties at the precontractual stage." Indonesian Journal of Multidisciplinary Science 4, no. 2 (2024): 73–80. https://doi.org/10.55324/ijoms.v4i2.1028.

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This research explores the legal gaps and ambiguities surrounding the principle of good faith in pre-contractual stages, as outlined in Article 1338 paragraph (3) of the Indonesian Civil Code (KUHPerdata). While the principle of good faith is foundational in contract law, its unclear application during negotiations has led to legal uncertainty, potentially disadvantaging parties acting honestly and transparently. The study highlights the need for robust legal frameworks to protect parties from unfair practices and fraudulent actions during the negotiation process. Employing a normative legal r

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21

Mo, Siyun, and Yinglai He. "The Legal Effect of the Preliminary Contract." Scientific Journal Of Humanities and Social Sciences 7, no. 5 (2025): 36–45. https://doi.org/10.54691/ket2h378.

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The legal effect of the preliminary contract should be based on the theory of contracting. Comparing to the theory of negotiation and the theory of content determination, the theory of contracting is more appropriate in terms of respecting for parties’ autonomy and meeting the purpose of concluding the preliminary contract. Besides, the theory of contracting better reflects the modern society’s respect for and implementation of the principle of good faith, to maintain the security of transactions. Moreover, it is advantageous to the operation of judicial practice when applying the theory of co

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22

Zhang, Xianliang. "Application of Business Law in Educational Management: A Study of Compliance and Legal Risk Management Strategies for Higher Education Institutions." Journal of Higher Education Research 5, no. 6 (2025): 558. https://doi.org/10.32629/jher.v5i6.3387.

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The paper presents detailed case studies demonstrating the strategic and methodological applications of commercial law in addressing real-world issues. The paper presents detailed case studies demonstrating the strategic and methodological applications of commercial law in addressing real-world issues. These cases encompass contract negotiation, execution, and dispute resolution, underscoring the indispensable role of legal compliance in safeguarding institutional interests and protecting the rights. These cases encompass contract negotiation, execution, and dispute resolution, underscoring th

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23

Ramesh, Dr S. "Contract Law in Commerce: A Manager's Guide to Drafting and Negotiating Agreements." Journal of Legal Subjects, no. 26 (November 25, 2022): 20–24. http://dx.doi.org/10.55529/jls.26.20.24.

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In the dynamic landscape of commerce, contract law stands as a pivotal element governing business transactions and relationships. This article serves as a comprehensive guide for managers, elucidating the intricacies of contract law and providing essential insights into the drafting and negotiation of agreements. Contracts, being the backbone of commercial interactions, demand a nuanced understanding of legal principles to ensure clarity, mitigate risks, and safeguard the interests of parties involved.

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24

Townley, Anthony. "A pivotal interactional role to oversee contract negotiation activity: Insights into a key interdisciplinary legal-business practice." Discourse & Communication 13, no. 2 (2019): 228–48. http://dx.doi.org/10.1177/1750481318817622.

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Based on ethnographic and linguistic analyses, this article describes the discourse-related practices and interactional role behaviours of an experienced lawyer who assumed a pivotal role in the negotiation of a Mergers-and-Acquisitions (M&A) type transaction vis-a-vis a number of other legal and financial professionals. Set in an international business context, all communication took place in English and for the most part via email. Complex discursive processes facilitated close interdisciplinary engagement and, more particularly, required that a single individual assume a key interaction

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25

Nathanael, Enrique, and Gunawan Djajaputra. "Legal Consequences of Events of Default in Sales and Purchase Agreements." AURELIA: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia 3, no. 2 (2024): 1132–39. http://dx.doi.org/10.57235/aurelia.v3i2.2602.

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This research discusses the legal consequences of default in a sale and purchase agreement. Using a normative approach, this research analyzes the legal regulations governing the issue of default in sales and purchase agreements. The research results concluded that default resulted in a violation of agreed obligations, which could result in a lawsuit for breach of contract or an unlawful act. Dispute resolution can be done through negotiation, mediation or arbitration. Negotiation, both of interests and rights, is an important process in forming contracts, with the aim of reaching an agreement

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26

Dewanti, Rizky Febri, Pujiyono Pujiyono, and Yudho Taruno Muryanto. "The application of good Faith principle of precontract in common law and civil law contry." Research, Society and Development 10, no. 16 (2021): e139101623621. http://dx.doi.org/10.33448/rsd-v10i16.23621.

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In Indonesia, development of application of good faith principle in legal agreement focuses on the application of Civil Code (KUHPerdata) where scope is still placed on the implementation of agreement. It is as if Civil Code has not recognized the existence of good faith principle at pre-contract stage. In comparison, according to modern agreement theory that parties who suffer losses in pre-agreement/contract stage or at negotiation stage, their rights also deserve to be protected. Thus, pre-agreement/contract promises will have legal implications for those who violate them. This will be seen

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27

Dawwas, Amin. "PRECONTRACTUAL LIABILITY UNDER THE NEW SAUDI CIVIL TRANSACTIONS LAW: A COMPARATIVE STUDY." Journal of Law and Sustainable Development 13, no. 1 (2025): e4136. https://doi.org/10.55908/sdgs.v13i1.4136.

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Objective: This paper critically examines the effectiveness of the regulation of precontractual liability by the 2023 Saudi Civil Transactions Law (SCTL) in preserving the interests of contract negotiators. Theoretical Framework: The focus of analysis is the duty to negotiate in good faith in lights of judicial rulings, whether that refuse or recognize such duty. Method: The paper discusses and assesses precontractual liability under Article 41 SCTL in comparison with some other civil codes. The paper adopts a desk research methodology to analyze and synthesize related academic writings and co

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28

Triwijaya, Helmy Yulian, S. Sami’an, and Sarwono Hardjomuljadi. "Dispute Resolution Mechanism Related to Force Majeure Clauses in Construction Contracts: A Case Study of Procurement Process at the State-Owned Enterprises." SIGn Jurnal Hukum 6, no. 2 (2025): 401–17. https://doi.org/10.37276/sjh.v6i2.402.

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The COVID-19 pandemic caused significant disruptions in the execution of construction contracts, leading to disputes related to force majeure claims. This article examines the force majeure dispute resolution mechanism in construction contracts at XYZ Ltd, an Indonesian SOE. This research employs normative and empirical legal approaches, with a case study on XYZ Ltd. Primary data were obtained through analysis of construction contract documents, a legal opinion from the State’s Attorney, and other relevant documents. Secondary data includes statutory regulations, court decisions, and related l

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29

Rodwin, Marc A. "Strains in the Fiduciary Metaphor: Divided Physician Loyalties and Obligations in a Changing Health Care System." American Journal of Law & Medicine 21, no. 2-3 (1995): 241–58. http://dx.doi.org/10.1017/s009885880000633x.

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Owen Barfield, the British solicitor and literary scholar, reminds us that many legal concepts have their origin as metaphors and legal fictions. We often fail to see the nature of legal metaphors, Barfield argues, because over time they ossify and we read them literally rather than figuratively. Look closely at changes in law over time, Barfield advises us, to see how effectively metaphor works in law and language. Many legal categories and procedures we now use had their origin in using a metaphor that revealed a new way of looking at a problem or that helped solve a legal problem. Legal met

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30

Rafik Siswanto Badu, Nirwan Junus, and Sri Nanang Meiske Kamba. "Implikasi Penundaan Kontrak Akibat Kondisi Force Majuere dalam Pandemi Covid 19." Deposisi: Jurnal Publikasi Ilmu Hukum 3, no. 1 (2025): 01–12. https://doi.org/10.59581/deposisi.v3i1.4571.

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The research aims to analyze the form of contract delay in the Civil Code and outline the implications of contract delay due to force conditions in the Covid-19 pandemic. To answer this problem, normative legal research methods or library research are used. This normative type of research uses qualitative analysis, namely by explaining existing data with words or statements sourced from prime legal materials, secondary legal materials and tertiary legal materials. Data obtained from the literature will be analyzed deductively. Analysis is a method of analyzing general legal knowledge data obta

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31

Codrea, Codrin. "NEGOTIATED, MIXED AND STANDARD FORM CONTRACTS. A PROPOSAL FOR A NEW CLASSIFICATION OF CONTRACTS." AGORA INTERNATIONAL JOURNAL OF JURIDICAL SCIENCES 15, no. 2 (2021): 11–16. http://dx.doi.org/10.15837/aijjs.v15i2.4653.

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If negotiation is considered the current manner in which contracts are concluded thereby making negotiated contracts the norm, non-negotiated terms included in contracts are an unavoidable part of everyday legal operations. Although the importance of this phenomenon in the private-law landscape has been recognized by the Romanian Civil Code through several provisions, those provisions do not address non-negotiated contracts as a whole but specific issues of non-negotiated contractual terms included in any type of contract. Firstly, with the support of the legal doctrine this article intends to

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Justino de Oliveira, Gustavo Henrique, and Vitor Soliano. "Renegociação de contratos de concessão: o caso da concessão da BR-163/MT (Rota do Oeste)." A&C - Revista de Direito Administrativo & Constitucional 25, no. 99 (2025): 197–226. https://doi.org/10.21056/aec.v25i99.1955.

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The article explores the notion of renegotiating concession contracts through a case study of the BR-163/MT concession, managed by Concessionária Rota do Oeste (CRO). After outlining the most prominent features of concession contracts, the article analyzes, differentiates, and brings together the concepts of mutability, negotiation, economic-financial rebalancing, and renegotiation, highlighting the risks and potential advantages of the latter. Finally, it reports and analyzes the renegotiation of CRO's contract based on the processes that took place at the National Agency for Land Transport (

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33

Sattari, Ebrahim Shoarian. "Observation of Good Faith Principle in Contract Negotiations: A Comparative Study with Emphasis on International Instruments." Australian Journal of Business and Management Research 03, no. 09 (2013): 56–61. http://dx.doi.org/10.52283/nswrca.ajbmr.20130309a06.

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Good Faith is one of the important principles in contract law. This principle is inherited from Roman law and it has been mostly developed in civil law system. Observation of Good faith and Fair dealing in French and German law and many other countries is considered as legal obligation. Good faith, also, is of special stand In Chinese law of contract. Since Good faith is considered as important and valuable, it has been recognized in Common Law System and adopted in English and American law. Islamic law also contains numerous examples of obligations that are based on Good Faith principle. Nowa

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34

Wu, Wendy Shidi, and Vanessa Tsang. "Fair Game, Fair Play – The Advocacy of International Assistance for Developing Host States in Negotiating Investment Contracts." Journal of World Investment & Trade 23, no. 3 (2022): 417–55. http://dx.doi.org/10.1163/22119000-12340254.

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Abstract The obsolescing bargaining model suggests that the bargaining power involving large-scale investment projects eventually shifts from investors to host States, especially in extractives and infrastructure sectors. However, investor-State dispute settlement has become a potent mechanism for investors to claim remedies after a breach of contract, making it costly for host States to deviate from contractual terms. Hence, it is crucial to get investment contracts right at the negotiation stage. Yet, under-resourced developing countries often arrive at suboptimal contracts, due to a lack of

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35

Dyastuti, Risqi Mumpuni. "Akibat Hukum Penerapan Prinsip Good Faith Pada Kontrak Investasi Internasional Di Indonesia." Bacarita Law Journal 3, no. 2 (2023): 125–39. http://dx.doi.org/10.30598/bacarita.v3i2.8962.

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International Trade is a hot topic being discussed by the public because of the economic linkages in the progress of recent rapid development. In the international trade contract, there is not only goods trade activity but also service trade including contracts related to investment, finance, construction, transportation activity, and even contracts made in electronic. This research aims to find out and analyze regarding legal consequences of applying the principle of good faith which is only existed when the contract is executed in International Investment Contract in Indonesia. In addition,

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36

Amayreh, Osama Ismail Mohammad, Izura Masdina Mohamed Zakri, Pardis Moslemzadeh Tehrani, and Yousef Mohammad Shandi. "The Principle of Good Faith in the Palestinian Civil Code Draft and Its Role in Maintaining Economic Contractual Equilibrium at the Pre-Contracting Phase." Journal of Politics and Law 12, no. 3 (2019): 113. http://dx.doi.org/10.5539/jpl.v12n3p113.

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The jurisprudential and judicial legal trend tends to apply the principle of good faith at the pre-contracting phase as one of the most substantial principles governing this phase, since it is inconceivable that the parties are to negotiate in bad faith, and then must implement the contract in good faith, in accordance with the traditional legal rule that &ldquo;fraud spoils everything it touches&rdquo;. However, the Palestinian legislature has ignored enacting legal provisions obliging the parties to abide by the principle of good faith in the pre-contracting phase causing a legislati

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37

Townley, Anthony. "The intertextual nature of embedded email communication for contract negotiation activities." Text & Talk 41, no. 4 (2021): 539–60. http://dx.doi.org/10.1515/text-2019-0249.

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Abstract Emails have become the institutionalised communication medium for many discourse activities in work contexts. Sociolinguistic research in this area has mainly focused on the textual and communicative conventions of emails, as defined by disciplinary cultures and practices. This study is the first to analyse the intertextual nature of email communication for commercial contract negotiation purposes, with a particular focus on the communicative function of embedded emails. This concept relates to a genre of email discourse, which embeds the meaning of a series of messages generated by d

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Karati, Mikena. "Law of Contracts: Their presence in corporate transactions learning." European Journal of Economics, Law and Social Sciences 7, no. 2 (2023): 21–26. http://dx.doi.org/10.2478/ejels-2023-0003.

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Abstract Corporate transactions form the foundation of modern business activities, including mergers, acquisitions, partnerships and commercial agreements. Such transactions are supported by contractual relationships that define rights, obligations and expectations between multiple parties. This paper uses a methodology that integrates a comprehensive literature review with a legal analysis, surrounding contract formation, interpretation, performance and remedies in the corporate context. The legal analysis component examines relevant contract law principles and precedents, examining their app

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Bisaha, David. "Defending the Standard Contract: Unmeasured Work, Class, and Design Professionalism in United Scenic Artists Local 829." Theatre Survey 61, no. 2 (2020): 231–51. http://dx.doi.org/10.1017/s0040557420000071.

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How much is a theatrical design idea worth? Alternatively, how much should a professional theatre designer be paid? For many working today, standard minimum contract scales and “industry standards” help guide fee negotiations. In the United States, United Scenic Artists (USA) Local 829 was among the first bodies to align theatrical design with organized labor activism, and as such, its standard minimum contract for design is an object lesson in the value of artistic labor. These scales were developed nearly a century ago, and were the product of hard negotiation and legal action taken by US-Am

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Henry Oziegbe Iriogbe, Chukwuemeka Obed Ebeh, and Femi Bamidele Onita. "Best practices and innovations in core/logging contract management: A theoretical review." International Journal of Applied Research in Social Sciences 6, no. 8 (2024): 1902–15. http://dx.doi.org/10.51594/ijarss.v6i8.1432.

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Core/logging contract management is a critical aspect of the resource extraction industry, involving the meticulous drafting, negotiation, execution, and monitoring of contracts related to geological sampling and logging activities. This review explores the best practices and innovations in core/logging contract management, highlighting the importance of clear and comprehensive contract drafting, effective risk management strategies, rigorous performance monitoring, and adherence to legal and compliance standards. Additionally, integrating technological advancements such as digital contract ma

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Tarigan, Gita Gisela Andriani Br, Detania Sukarja, Dedi Harianto, and Tengku Keizerina Devi Azwar. "Dispute Resolution over Music Performance Contract Cancellation Due to the Effects of Controversial Actions." Al-Ishlah: Jurnal Ilmiah Hukum 27, no. 2 (2024): 135–55. http://dx.doi.org/10.56087/aijih.v27i2.476.

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This research aims to analyze the category of music performance contract cancellations due to controversial actions and the forms of non-litigation dispute resolution between the event organizer and 1975. This study combines normative and empirical research methods. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results show that the controversial actions of The 1975 vocalist in Malaysia, leading to the cancellation of their performance at “We the Fest 2023” in Jakarta, constitute a breach of contract. This cancellati

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Kusmiati, N. Ike. "Legal Standing of Pre-Contractual Good Faith Principle as a Law Reformation of Indonesian Contract Law." International Journal of Science and Society 2, no. 1 (2020): 73–85. http://dx.doi.org/10.54783/ijsoc.v2i1.61.

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Good faith plays an important role in a contract since it holds a dominant position either during pre-contractual phase or when a contract is executed. However, pre-contractual good faith in Indonesian Civil Code is not recognized as such there is no legal assurance. In fact in pre-contractual stage, the parties already put some investment based on trust and hope, however, they faced dead end and they did not reach an agreement. This was tinted with the fading of wall between two major legal systems: Common Law System and Civil Law System as a result of dynamic in business relation involving c

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Michels, Hannah. "The Requirement of Fair Negotiation (Gebot des fairen Verhandelns) and the Principle of Undue Influence in German and US Employment Law." International Journal of Comparative Labour Law and Industrial Relations 40, Issue 1 (2024): 71–90. http://dx.doi.org/10.54648/ijcl2024003.

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In its decisions of 24 February 2022 and 7 February 2019, the German Federal Labour Court (BAG) ruled that German labour courts should take into account whether a breach of the requirement of fair negotiation had occurred in assessing the validity of termination agreements. The Court thereby aimed to improve the protection of employees who have been improperly pressured by their employer into concluding a termination agreement. Arguably, the principle of undue influence in US contract law fulfils a comparable function. This article analyses the BAG decision then addresses the question of the c

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Agarwal, Sushma. "E-Contracts in Practice: Case Studies and Legal Precedents for Effective Implementation." RESEARCH HUB International Multidisciplinary Research Journal 11, no. 1 (2024): 16–25. http://dx.doi.org/10.53573/rhimrj.2024.v11n1.004.

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In today's digital age, electronic contracts (e-contracts) have proliferated across industries, providing efficiency, speed, and convenience in contract formation and execution. Nonetheless, the adoption of e-contracts presents intricate legal and practical considerations for businesses and individuals. This paper offers a thorough exploration of e-contracts in practice, drawing upon case studies and legal precedents to illuminate key principles and best practices for their successful deployment. The initial section furnishes an overview of e-contracts, encompassing their definition, attribute

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Buresh, Donald L. "Legal, Marketing, and Advertising Issues with Big Data." Journal of Big Data Research 1, no. 2 (2022): 38–52. http://dx.doi.org/10.14302/issn.2768-0207.jbr-21-4048.

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The purpose of this essay is to discuss the advantages and disadvantages and the benefits and costs of Big Data. The paper outlines the relevant federal and state privacy laws, including the California Consumer Privacy Act as amended, the Virginia Consumer Data Protection Act, and the Colorado Privacy Act. While highlighting several Federal Trade Commission privacy violation cases, the effects of Big Data collection and government surveillance are described in some detail. Advertising and marketing are defined, where it is argued that while the scanning of emails by email providers may be lega

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Ignatius Manurung, Sergyo Evgard, July Esther, and Jinner Sidauruk. "Resolution of Breach of Contract Disputes in Car Sale Agreements by PT. Deltamas." Journal of Law and Regulation Governance 3, no. 2 (2025): 664–72. https://doi.org/10.57185/jlarg.v3i2.88.

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Transportation plays a crucial role in modern society, especially in developing countries like Indonesia, where both private and public transport systems are integral to daily life. Public transportation offers an affordable solution for individuals without private vehicles; however, it is often limited by schedule and route constraints, leading many to rely on private cars. This research aims to investigate the legal framework governing car sales agreements and the resolution of breaches of contract (wanprestasi) in Indonesia. Using a case research of PT Deltamas, the research explores the ap

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Kostadinov, O.D. "SOME LEGAL ASPECTS OF ENGLIS H LAW PERTAIN TO THE ESTABLISHMENT OF CONTRACTS FOR LINER SHIPPING CARRIAGES BY SEA." Deutsche internationale Zeitschrift für zeitgenössische Wissenschaft 77 (April 3, 2024): 17–19. https://doi.org/10.5281/zenodo.10912272.

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The most characteristic feature and difference between contractual relations in liner shipping and tramp shipping, as well as other contracts for the provision of maritime transport services, is the formation of contractual relations in liner shipping. In liner shipping, the negotiation of the terms of carriage and the actual formation of the contract of carriage take place in two stages. In the first stage, the carrier makes an offer for transportation, which includes the general conditions of transportation and the freight, which is according to the tariff. These conditio

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Gafforov, Mehrangiz. "SHAREHOLDERS AS A WEAKNESS OF THE CONTRACT OF SHARE CONSTRUCTION." Jurisprudence 5, no. 3 (2025): 62–72. https://doi.org/10.51788/tsul.jurisprudence.5.3./vwxf4676.

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"The article is devoted to the analysis of legal mechanisms for protecting a shareholder as a weak party in a shared construction agreement. The object of the research is the civil law relations arising between the developer and the shareholder, and the subject is the methods of legal protection of the latter’s interests in conditions of contractual inequality. Within the framework of this study, legal norms and theoretical views of domestic and foreign lawyers on the issue of protecting the rights of participants in shared housing construction were used. The comparative legal method, analysis

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Adetoyese Latilo, Ngozi Samuel Uzougbo, Munachi Chikodili Ugwu, Portia Oduro, and Onoriode Reginald Aziza. "Developing legal frameworks for successful engineering, procurement, and construction projects." International Journal of Applied Research in Social Sciences 6, no. 8 (2024): 1868–83. http://dx.doi.org/10.51594/ijarss.v6i8.1430.

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Developing robust legal frameworks is crucial for the success of Engineering, Procurement, and Construction (EPC) projects. These projects, characterized by their complexity and substantial financial investment, demand clear and comprehensive legal structures to ensure smooth execution, mitigate risks, and resolve disputes efficiently. A cornerstone of successful EPC projects is well-defined contractual agreements. These contracts must delineate the scope of work, time schedules, costs, and quality expectations. Essential clauses should address risk allocation, clearly specifying the responsib

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Sumantri, Mahfiar Fajar Akbar, S. Sami’an, and Sarwono Hardjomuljadi. "Concurrent Delay and Price Adjustment in Multi-Year Contracts: An Indonesian Construction Law Perspective." SIGn Jurnal Hukum 6, no. 2 (2025): 343–67. https://doi.org/10.37276/sjh.v6i2.399.

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This research examines the legal implications of concurrent delay in price adjustments in multi-year contracts within Indonesian construction projects. The absence of specific regulations concerning concurrent delay in Law Number 2 of 2017 and its implementing regulations creates legal uncertainty and has the potential to trigger disputes. This research aims to comprehensively analyze the legal and empirical aspects of concurrent delay and price adjustments. Employing a normative juridical approach and case studies of construction projects experiencing concurrent delay, this research analyzes

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