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Journal articles on the topic 'Pre-contractual agreements'
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1
Nahnybida, Volodymyr, Yurii Bilousov, Yaroslav Bliakharskyi, Ievgen Boiarskyi, and Anatolii Ishchuk. "Trade agreements, digital development and international commercial arbitration." Cuestiones Políticas 40, no. 74 (2022): 160–77. http://dx.doi.org/10.46398/cuestpol.4074.08.
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The purpose of the article was to study the problems that arise during the settlement of disputes in the order of international commercial arbitration. The article used general scientific (dialectic, analysis and synthesis) and special legal (comparative legal, formal-logical, systemic, hermeneutic, axiological) methods. In the results of the research, it was established that the characteristic features of electronic development contracts in international trade are: electronic forms of conclusion of pre-contractual and contractual communication, making amendments and additions to the contract. Taking into account the features that accompany the chosen form of contracting prevails the need to refer to the provisions of the applicable legislation on tax and customs legislation and protection of personal data, etc. The conclusions state that the main problems in the resolution of disputes arising from e-commerce contracts, in international commercial arbitration, are the issues of requirements and validity of the arbitration clauses contained in such contracts, the importance of the agreements reached in the pre-contractual stage in the subsequent resolution of disputes between the parties and the problems of proof arising from the peculiarities of entering into relevant contracts
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Linh, NGUYỄN THỊ MỸ. "Marital Agreements in Vietnam from 1858 until Now." DÍKÉ 5, no. 1 (2021): 150–61. http://dx.doi.org/10.15170/dike.2021.05.01.10.
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The institution of prenuptial agreement is a founder of contractual matrimonial property regime. The possibility of concluding a marriage contract contributes to ensuring the equal rights of the spouses, as they are free to agree on their pre-marital property. Recognizing the necessity of the contractual freedom in family law, the 2014 Act on Marriage and Family of Vietnam allows couples to choose between the statutory property regime and the agreed property regime. This article presents the history of the institution of marriage agreement in Vietnam, also with regard to the development of law in European countries. 
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Huswan, Bianca Vienna Nawara, Ahmadi Miru, and Marwah . "The Principle of Balance in Informal Credit Agreements." International Journal of Religion 5, no. 10 (2024): 1076–81. http://dx.doi.org/10.61707/cwyb8y04.
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This research seeks to examine how the principle of equilibrium is utilized by the parties involved in the informal credit agreement. The research method involves empirical research. Furthermore, the research involves conducting interviews and reviewing relevant literature. The legal content is reviewed qualitatively and then explained in detail with analysis. The findings of this study indicate that the application of the principle of balance at the pre-contractual stage has reflected fairness for the parties involved, as both the bank and the debtor provide opportunities for negotiation to exchange rights and obligations fairly. However, at the contractual stage of informal credit agreements, there is still an omission of a crucial clause, namely, the clause stating "the agreement is made in two copies, each of which is given to the parties involved." This clause is essential as it guarantees that each party receives a copy of the credit agreement, thereby fostering the principle of balance in contracting. In the post-contractual stage, many debtors still do not receive a copy of the informal credit agreement. This practice is inconsistent with the principle of balance, which requires equal standing between the parties.
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Dikarev, Ilya. "Issues of the Theory of Criminal Procedure Agreements: The Object and Subject of the Agreement." Legal Concept 24, no. 1 (2025): 92–102. https://doi.org/10.15688/lc.jvolsu.2025.1.13.
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Introduction: despite the rather long practice of concluding and implementing pre-trial cooperation agreements, the criminal procedure theory has not developed a unified approach to understanding what the object and subject of this type of criminal procedure agreement are. Such uncertainty is an objective obstacle to the development of new models of procedural contracts. The purpose of the study is to find out what obligations the parties assume concerning the conclusion of a pre-trial cooperation agreement, as well as what actions the prosecutor should perform in fulfillment of his contractual obligations. Methods: for this purpose, the general scientific methods of analysis and synthesis, the systematic approach, the method of legal interpretation, and the logical-legal method were used. The dialectical method served as the methodological framework. As a result of the research, it is found out that the criminal charge cannot be the subject of a procedural agreement between the parties to the proceedings; the only duty of the prosecutor, which he must fulfill in case of proper cooperation during the investigation by the accused, is to send the criminal case to court with the submission provided for in Part 1 of Art. 317.5 of the CPC RF. Conclusions: a change in the criminal charge during the investigation of a criminal case should not entail a renegotiation of the pre-trial cooperation agreement; the consent to the criminal charge is not a prerequisite for concluding an agreement; the development of contractual relations in criminal proceedings primarily involves the search for new objects about which the parties could enter into agreements.
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Teremetsʹkyy, V., and N. Huts. "PROCEDURE NOVATIONS FOR CONCLUDING INDEPENDENT CONTRACTOR AGREEMENTS." Scientific Notes Series Law 1, no. 12 (2022): 176–81. http://dx.doi.org/10.36550/2522-9230-2022-12-176-181.
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The article is focused on defining procedure novations for concluding independent contractor agreements. The existence of two tendencies in the legal construction of the procedure for concluding an independent contractor agreement has been emphasized: unchanged architectonics of the procedure for concluding an acceptance and introducing novation elements into this system, which depend on the method of concluding and the purpose of the corresponding agreement. The general and special procedures for concluding independent contractor agreements have been characterized. General procedure – is when proposals set out in the offer coincide with the acceptance. Special procedure for concluding an independent contractor agreement is implemented in regard to public, defense procurement. The content of the stages of concluding an independent contractor agreement has been revealed, in particular the offer and acceptance. Specific features of concluding an independent contractor agreement with Diia-City residents have been researched. It has been emphasized that the conclusion of an independent contractor agreement in the digital environment forms a special legal regime of civil legal relations, which arise, are changed, are terminated in this environment. At the same time, the consumer receives a positive effect from the electronic agreement in the real, material world, and the product or service has the appropriate objective form. It has been proved that the institution of assurance can be applied in corporate, labor legal relations, relations in the field of intellectual property law, innovation law, foreign economic activity. It has been stated that this institution includes the following elements: 1) pre-contractual contacts of the parties (negotiations); 2) obtaining assurances and guarantees; 3) consideration of assurances and guarantees; 4) formation and provision of the offer; 5) consideration of the offer; 6) acceptance of the offer. It has been established that the procedure of concluding an independent contractor agreement for public, defense procurement is characterized by: the presence of an imperative element in the procedure of concluding an agreement; mandatory compliance with the procedure for concluding an agreement; lack of pre-contractual contacts of the parties: expanded public offer; planned procurement, i.e. the conclusion of a future agreement; narrowing the principle of contractual freedom. The lack of practice in applying the institution of assurance has been emphasized.
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Poludniak-Gierz, Katarzyna. "Sanctions for Lack of Fulfilment of Information Duties: Searching for an Adequate Regulatory Model for Personalized Agreements." European Review of Private Law 28, Issue 4 (2020): 817–39. http://dx.doi.org/10.54648/erpl2020050.
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The effectiveness of the protection-by-information model in consumer law depends primarily on the method of structuring pre-contractual duties and sanctions correlated with the lack of fulfilment of said duties. Modern legal doctrine considers applying technology to law-making i.e. to fix flaws in the existing protection-by-information model. However, during this discussion, the problem of sanctions for lack of fulfilment of information duties has been disregarded. This article fills this gap by exploring how the use of technology might influence the adequacy of contemporary sanctioning models. There are two main approaches towards how lack of fulfilment of information obligations should be sanctioned. First, the fact that consumer acts based on his false impression of reality can trigger liability. As a result, the individual protection mechanism (i. a. regulation of mistake and deceit) is seen as a proper sanction for non-compliance with information duties. Second, failing to provide pre-contractual information might itself be sanctionable. In this scenario, standardized protection mechanisms are preferred (Unfair Commercial Practices Directive, Consumer Rights Directive). However, the balance achieved by linking specific sanctioning mechanisms to particular pre-contractual obligations is disturbed by the use of personalization tools during contracting. Therefore, the postulate of answering the personalization of contracts with personalization of pre-contractual information duties is discussed. The possibility of extending the scope of personalization to sanctions of these norms is considered. Finally, the introduction of smart execution mechanisms is explored, and the influence of technical changes on the essential characteristics of protection-by-information model is observed.
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Sanders, Anne. "PRIVATE AUTONOMY AND MARITAL PROPERTY AGREEMENTS." International and Comparative Law Quarterly 59, no. 3 (2010): 571–603. http://dx.doi.org/10.1017/s0020589310000230.
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AbstractAfter the Court of Appeal decision in Radmacher v Granatino, the question whether English law should introduce enforceable pre-nuptial or marital property agreements came into focus again. Taking the decision as a starting point, the article argues in favour of introducing such agreements. Adopting a comparative approach, the article explains how such agreements are used in Germany and demonstrates that the idea of private autonomy, which has been regarded as the basis of pre-nuptial property agreements in Germany since the 19th century, can explain why couples should be allowed to make their own decisions with respect to the financial consequences of the breakdown of their relationship. Analysis of the different notions of contract in German and English law as well as comparing marriage with partnerships and other long-term contractual relationships illustrates not only the historical reasons why such agreements have not been allowed so far, but also helps to understand what safeguards the legislator and the judiciary could apply to ensure that parties do not abuse their freedom.
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Zosymenko, O. M. "Terms of the managed entry agreement and particularities of the procedure for concluding such agreements." Analytical and Comparative Jurisprudence, no. 4 (September 14, 2023): 137–41. http://dx.doi.org/10.24144/2788-6018.2023.04.21.
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The article is devoted to the study of managed access agreements and some peculiarities of the procedure for their conclusion. The author analyses the current legislation on the terms and conditions that must be included in a managed entry agreement and the main stages of the managed entry agreement procedure.The article’s author focuses on the fact that in the context of the global trend of increasing prices for medicines, particularly for innovative medicines, the use of managed entry agreements in the practice of states is reaching a new level. Achieving a balance between healthcare expenditures and access to new medicines in the face of rising budgetary costs is a challenge for many national governments, indicating this issue’s global nature.The use of this type of agreement helps to curb healthcare costs, save budgetary funds and provide the population with access to treatment with innovative medicines.Budgetary savings are achieved by, among other things, setting the price in the contract. The procedure for determining the price and other terms of the managed entry agreement is the result of agreements between the parties to the agreement, starting from the stage of forming a negotiation team, preparing for negotiations on the conclusion of the managed entry agreement, holding consultations, negotiations, determining the type and terms of such an agreement, etc.The author establishes that pre-contractual work, the procedure for concluding this type of agreement, and the terms of the managed entry agreement itself have their own peculiarities.In this article, the author classifies the terms and conditions of a managed entry agreement: 1) general terms and conditions that are common to most agreements; 2) special terms and conditions that are special due to their use in managed access agreements; 3) terms and conditions used in certain agreements, in particular, supply agreements, agreements for the supply of medicines, etc.
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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 research method, the analysis identifies inadequacies in existing regulations and proposes practical reforms, including clearer legal doctrines and amendments to the Civil Code. The findings underscore the importance of good faith at all stages of contractual agreements to foster transparency, fairness, and trust in business relationships, while minimizing disputes and enhancing market integrity. Recommendations for future research include comparative studies on international good faith practices, sector-specific applications, and the integration of technological tools to enforce accountability in pre-contractual negotiations. This work contributes to the development of sustainable and equitable business practices within Indonesian law.
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Ладанов, В. И., Е. В. Шарипова, and С. М. Леготкина. "Civil liability of the parties in entrepreneurial activity for non-performance or improper performance option agreements." Экономика и предпринимательство, no. 11(124) (December 23, 2020): 1183–86. http://dx.doi.org/10.34925/eip.2020.124.11.233.
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Участники экономико-правового оборота, осуществляющие предпринимательскую деятельность, в определенный период времени сталкиваются с экономической неопределенностью и зачастую, при гибкости товарного рынка, не могут определить тот объем товара, размер оказываемых услуг или результатов работ, который им потребуется в будущем. Опционные соглашения в такой ситуации, играют особенную роль. Рассматривая модель опционного договора в предпринимательской деятельности, у многих исследователей возникают вопросы относительно того, почему данная конструкция договора закреплена в общей части Гражданского кодекса, а не в особенной части, где законодатель последовательно расположил все виды договоров? Исходя из выбранного законодателем подхода, правоприменители зачастую сталкиваются с препятствиями в правильном определении элементов опционного договора, в том числе проблемы возникают и в определении ответственности сторон данного обязательства. В целом, что касается «преддоговорной ответственности», то в доктрине, авторы утверждают, что «преддоговорная ответственность» обладает той же юридической силой и признаками, что и «договорная ответственность», последствия, предусмотренные для последней, применяются в равной степени и для «преддоговорной ответственности», более того, сторона чьи права и законные интересы были нарушены, вправе требовать от нарушителя возмещение убытков за упущенную возможность заключить сделку с третьим лицом. За ненадлежащее исполнение или невыполнение условий опционного договора, к нарушителю применяются все положения о гражданско-правовой ответственности сторон обязательства, а именно возмещение виновной стороной всех без исключения причиненных в результате ненадлежащего исполнения убытков, что подразумевает полную компенсации причиненного ущерба, а также неустойку, как специально гражданско-правовую штрафную санкцию. Participants in the economic and legal turnover carrying out entrepreneurial activities, at a certain period of time, are faced with economic uncertainty and often, with the flexibility of the commodity market, they cannot determine the volume of goods, the amount of services provided or the results of work that they will need in the future. Option agreements play a special role in such a situation. Considering the model of an option agreement in entrepreneurial activity, many researchers have questions as to why this structure of the agreement is enshrined in the general part of the Civil Code, and not in a special part, where the legislator has consistently arranged all types of agreements? Based on the approach chosen by the legislator, law enforcement officers often encounter obstacles in correctly defining the elements of an option agreement, including problems arising in determining the responsibility of the parties to this obligation. In general, with regard to "pre-contractual liability", in the doctrine, the authors argue that "pre-contractual liability" has the same legal force and features as "contractual liability", the consequences provided for the latter are applied equally degree and for "pre-contractual liability", moreover, the party whose rights and legitimate interests have been violated, has the right to demand from the violator compensation for losses for the missed opportunity to conclude a deal with a third party. For improper performance or non-performance of the terms of the option agreement, all provisions on the civil liability of the parties to the obligation apply to the violator, namely, compensation by the guilty party of all, without exception, caused as a result of improper performance of losses, which implies full compensation for the damage caused, as well as forfeit, as a specially civil-legal penalty.
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Baykova, O. V., and M. R. Tolstov. "The specifics of contractual relations in the oil and gas complex." Vestnik Universiteta, no. 4 (June 21, 2025): 84–93. https://doi.org/10.26425/1816-4277-2025-4-84-93.
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The key aspects of contractual relations in the oil and gas complex, which plays a crucial role in Russian economy, have been analyzed. The specifics of contractual relations in the oil and gas complex have been considered, due to the high level of capital intensity, long duration of project implementation, and a significant degree of government regulation. Special attention has been paid to the contracts classification (from contracts for exploration and production to agreements for transportation, infrastructure construction, and purchase and sale of oil and gas). Legal aspects of regulating contractual relations in the oil and gas sector, including state licensing, international law influence, as well as environmental and antitrust restrictions, have been examined. No less important issue related to the risk distribution mechanisms and parties’ responsibility, including the main risks in contractual relations and contract enforcement mechanisms, has been touched upon. The main types of risks have been given, including geological, technical, financial, economic, legal, and political, and practical recommendations for their minimization have been offered. Multistage dispute resolution mechanisms, including pre-trial regulation, mediation, and arbitration, which ensures stability and predictability of relations among market participants, have been studied.
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Lalafaryan, Narine. "Orchestrating finance with Material Adverse Changes?" Legal Studies 42, no. 1 (2022): 1–22. http://dx.doi.org/10.1017/lst.2022.6.
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AbstractFrom a legal and economic perspective, the global financial crisis, terrorist attacks, wars, natural catastrophes, and COVID-19 all have one thing in common: they are potentially ‘material adverse change’ events. Such events are unpredictable and have severe consequences for the global economy. To help manage the fallout from such negative events, businesses in economically valuable and complex deals, such as debt financing or mergers and acquisition (M&A) agreements, include special contractual risk allocation provisions, called Material Adverse Change/Effect (MAC) clauses. The COVID-19 crisis has had a drastic effect on M&A and debt financing deals, often leading to renegotiation and sometimes to litigation of these agreements based on MAC clauses. Termination of such transactions via MAC clauses poses serious risks, including those of causing a domino-effect in the market.The effects of MAC clauses in debt finance (as opposed to M&A deals), however, have been largely overlooked both in law and in finance. This paper is the first to investigate the pre-contractual (ex-ante) and contractual (ex-post) effects of MAC clauses in commercial debt financing agreements. It proposes a novel Multifunctional Effect Approach of MAC clauses in debt finance. This paper aims to explain why the commercial parties attach high importance to these vague and uncertain MAC clauses in debt financing agreements but hardly ever rely on them. First, the paper argues that apart from acceleration of the credit facilities, MAC clauses have various beneficial effects, such as screening. Secondly, MAC clauses should be regarded not only as mechanisms to solve information asymmetry but also have the following effects: improving governance, decoupling debt, providing restructuring impulses, countering uncertainty, signalling with acceleration. Potentially, MAC clauses also have the effect of a penalty default rule. The paper finds that despite these functions, the potential of MAC clauses in debt finance is not fully utilised, due to the unique characteristics of debt finance. This significantly undermines the efficiency of MAC clauses in debt finance, as lenders overprotect themselves by additionally relying on other contractual protection mechanisms and risk offsetting strategies for more efficiency.
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Dimitar, Stoyanov. "The unexpected comparison between lock-out agreements and non-alienation clauses." Yearbook of European Union and Comparative Law (YEUCL) 3 (November 10, 2024): 901–26. https://doi.org/10.5281/zenodo.14062992.
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<strong>Abstract</strong>: The present article traces the legal development of lock-out agreements as a means to fill the legislative gap on pre-contractual liability in English law. The essence of this agreement lies in the temporary obligation, assumed by the seller of an object, not to enter into new negotiations and to dismiss existing negotiations with any other person except the contracting party. Within the set period of time, parties can (and should) make an effort to reach an understanding upon all aspects of a prospective sale-purchase contract. It would seem that this contract includes a tacit non-alienation arrangement, which is subsequently included as an autonomous clause. The article aims to present a critical comparison of the tacit non-alienation clause, on the one hand, and of the express anti-assignment clause.
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Arif, Junaidi, Indah Parmitasari, and Nandang Sutrisno. "Incoterms: Reconstructing International Sales Contracts in Harmony with Sharia Economic Law." Milkiyah: Jurnal Hukum Ekonomi Syariah 4, no. 1 (2025): 69–86. https://doi.org/10.46870/milkiyah.v4i1.1546.
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In global trade, Incoterms play an essential role as a standardised framework that defines the allocation of responsibilities and risks between sellers and buyers. However, from the perspective of Sharia economic law, the application of Incoterms in some instances has the potential to create gharar, which can impact the validity of the agreement. This study aims to analyse the gap between the provisions of Incoterms 2020 and the principles of fiqh muamalah, particularly in terms of responsibility sharing and risk transfer in international sales contracts. This research searched various academic databases, applying pre-established criteria to obtain relevant studies for review. These studies were further strengthened by normative juridical analysis based on jurisprudence literature and Islamic legal doctrines. A discrepancy between the provision of Incoterms 2020 and the principles of fiqh muamalah, especially concerning risk transfer clauses (such as FOB and CIF). This alignment carries the potential to lead gharar into contractual agreements. Ambiguity in the division of responsibilities can create situations conflicting with the core Islamic principles of ‘adl (justice) and shaffafiyyah (transparency). Consequently, there is a compelling need to reform international contractual systems to integrate Sharia principles while still accommodating the practical demands of global trade. The finding of this study provides a basis for formulating a more transparent and fairer contractual framework by integrating Sharia principles so that gharar can be prevented, leading to maṣlaḥah (public welfare) within cross-border transactions.
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Mendis, Daylath, Kasun N. Hewage, and Joanna Wrzesniewski. "CONTRACTUAL OBLIGATIONS ANALYSIS FOR CONSTRUCTION WASTE MANAGEMENT IN CANADA." Journal of Civil Engineering and Management 21, no. 7 (2015): 866–80. http://dx.doi.org/10.3846/13923730.2014.893907.
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Construction industry creates a massive amount of waste, which typically ends up in landfills. Canadian construction industry represents 30% of the total municipal solid waste deposited in landfills. Construction and demolition (C&D) waste has created negative socioeconomic and environmental impacts including contaminating ground water, emitting greenhouse gases, and adding more waste to scarce landfills. Literature is cited rework/waste generation due to ambiguity/errors in construction contract documents. Exculpatory clauses in contract documents are included in contractual agreements to prevent contractor claims, which often cause rework. After an extensive contract documents review, these clauses were categorized in to eight major areas. This paper (1) analyses expert opinions on pre-identified contractual clauses; and (2) introduces recommendations to minimize rework and waste in construction projects. It was found that the clauses related to quality, workmanship, and field quality control/inspection have the most potential to generate construction waste.
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Stankevych, A. V. "THE LEGAL NATURE OF PUBLIC PROCUREMENT AGREEMENTS AND THE FEATURES OF CONTRACTING IN ELECTRONIC FORM." Constitutional State, no. 55 (October 15, 2024): 137–47. http://dx.doi.org/10.18524/2411-2054.2024.55.311965.
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In the article, based on the analysis of the contractual process, with the help of analytical, formal-logical and comparative legal methods, the legal nature of the peculiarities of public procurement contracts and their difference from other civil-law and economic contracts is clarified, as well as the peculiarities of concluding contracts in electronic form. The relevance of the article is due to the significant importance of contracts on public procurement and the study of the features of concluding contracts in electronic form for the interests of state customers and the state as a whole. In the course of the study, the properties and nature of public procurement contracts and the peculiarities of concluding contracts in electronic form were clarified in the analysis of compliance with the principle of freedom of contract from the beginning of the pre-contractual process stage to the moment of concluding the procurement contract. When clarifying the legal nature of contracts on public procurement and the features of concluding contracts in electronic form, an analysis of the possibility of applying the concept of “a contract as a source of law” to these contracts is carried out. According to the results of the study, the transparency and openness of the entire contractual process, which is controlled by the public and state bodies in order to meet the needs of customers acting in the interests of the state, has been established. Important features of the legal nature of procurement contracts are their mandatory planning, consensuality and payment. The subject structure of these contracts is special, given the competitive nature of these contracts, which are mostly concluded as a result of competitive procedures or simplified procurement. The state takes a special role in these treaties as “a kind of treaty agent.” When concluding contracts on public procurement, the principle of economic profitability and compliance with the requirements of the customer in accordance with current legislation applies. According to the results and conclusions of the study, participants of the contractual process - customers and participants (service providers, contractors, sellers of goods) and specialists in the field of law are suggested to use in their work. Based on the results of the research, it is proposed to supplement Article 640 of the Civil Code of Ukraine with the fifth paragraph, in which to define the registration of procurement contracts in the state treasury bodies, which is mandatory, but is not specified in any legislative act. Also, in paragraph five of the specified article, it is proposed to determine the moment of conclusion of the purchase contract, which is different from the moment of conclusion of other contracts.
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Tojiboyev, Akbar. "THE MAIN DIRECTIONS FOR IMPROVING THE LEGAL REGULATION OF START-UPS IN THE REPUBLIC OF UZBEKISTAN." Jurisprudence 3, no. 1 (2023): 63–74. http://dx.doi.org/10.51788/tsul.jurisprudence.3.1./mlkq6505.
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In practice, innovations are recognized as the main driving force of economic growth and are an important factor capable of solving various problems, and creating conditions for sustainable development. In this article, the main directions for improving the legal regulation of startups in our country are listed and they are analyzed based on the experience of foreign countries. In particular, the article mentions the need to improve the regulatory framework in such areas as determining the position of startups in the implementation of innovation policy, further optimizing the legal protection of the results of intellectual activity, improving the institution of pre-contractual negotiations in startup activities and improving the system of state support for startups. The article provides scientific and legal justification for such issues as determining the status of startups by a separate law, improving the norms of legislation regarding the distribution of the right to the results of a state-funded startup between the state and the owner of the project, as well as the development of pre-contractual agreements between a venture investor and a startup, as well as granting startups various government benefits.
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Sood, Muhammad. "Mechanism of Business Contract Drafting in Supporting Economic Activities." Unram Law Review 4, no. 2 (2020): 193–204. http://dx.doi.org/10.29303/ulrev.v4i2.124.
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The development of business contracts in supporting economic activities, especially in the trade sector, is inseparable from developments in the field of law. Thus, economic actors should understand the contract design method. This article aims to analyze the regulations of business contracts both nationally and internationally, and analize the mechanism of business contract draftingin supporting economic activity. This article is sourced from the results of normative legal research; therefore the method of approach used is the legal approach and conceptual approach. The results of the study indicates that the legal sources which form the basis for regulating business contracts include national law as regulated in Article 1457-1540 of the Civil Code; contract documents; international agreements in the field of contract; court decisions regarding business contracts; and doctrines in the field of contract law. The business contract mechanism includes 3 stages, namely: 1) Pre contractual includes: negotiations on the delivery, delivery and payment of goods; risk of loss if there is a default and procedure for resolving contractual problems; make a Memorandum of Understanding as an initial guideline for the understanding of the parties; Feasibility study concerning the prospects of business contracts made by the parties; 2) Contractual or contractual arrangements include, writing the initial manuscript, revising the manuscript, exchanging draft contracts, revising and writing the final manuscript, and signing of the contract. 3) Contract contractual or contract completion where the parties are responsible for providing guarantees or guarantees that the agreed contract is executed and completed properly. Understanding the mechanism of contract design will facilitate business activities carried out by the parties.
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Gavamukulya, Charles. "Adjudication in Uganda: A Critique of Selected Rulings from Centre of Arbitration and Dispute Resolution (CADER)." European Journal of Applied Science, Engineering and Technology 2, no. 6 (2024): 230–33. https://doi.org/10.59324/ejaset.2024.2(6).24.
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Adjudication is a widely recognized Alternative Dispute Resolution (ADR) mechanism, particularly in the construction industry, due to its speed, flexibility, cost-effectiveness, and privacy. This article examines the nature of adjudication in Uganda, focusing on its application in contractual and ad hoc forms, as the country lacks a statutory adjudication framework like that of England and Wales. The study critiques selected rulings from the Centre of Arbitration and Dispute Resolution (CADER) that erroneously equate adjudication with arbitration, highlighting the distinct roles, outcomes, and legal bases of these ADR mechanisms. While adjudication provides a temporarily binding decision, arbitration offers a final and binding resolution, underscoring the importance of differentiating their procedures. The paper emphasizes the need for practitioners to adhere to pre-existing contractual provisions and avoid conflating adjudication clauses with arbitration agreements. Furthermore, it advocates for clearer statutory guidelines and better understanding among practitioners to ensure proper administration of adjudication in Uganda's construction industry.
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Gavamukulya, Charles. "Adjudication in Uganda: A Critique of Selected Rulings from Centre of Arbitration and Dispute Resolution (CADER)." European Journal of Applied Science, Engineering and Technology 2, no. 6 (2024): 230–33. https://doi.org/10.59324/ejaset.2024.2(6).24.
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Adjudication is a widely recognized Alternative Dispute Resolution (ADR) mechanism, particularly in the construction industry, due to its speed, flexibility, cost-effectiveness, and privacy. This article examines the nature of adjudication in Uganda, focusing on its application in contractual and ad hoc forms, as the country lacks a statutory adjudication framework like that of England and Wales. The study critiques selected rulings from the Centre of Arbitration and Dispute Resolution (CADER) that erroneously equate adjudication with arbitration, highlighting the distinct roles, outcomes, and legal bases of these ADR mechanisms. While adjudication provides a temporarily binding decision, arbitration offers a final and binding resolution, underscoring the importance of differentiating their procedures. The paper emphasizes the need for practitioners to adhere to pre-existing contractual provisions and avoid conflating adjudication clauses with arbitration agreements. Furthermore, it advocates for clearer statutory guidelines and better understanding among practitioners to ensure proper administration of adjudication in Uganda's construction industry.
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Grace, John G., and Max Williamson. "THE PAPUA NEW GUINEA STANDARD PETROLEUM AGREEMENT: ITS STRENGTHS AND WEAKNESSES." APPEA Journal 31, no. 1 (1991): 502. http://dx.doi.org/10.1071/aj90046.
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Until the discovery of the Iagifu/Hedinia/Agogo (now called Kutubu) Fields, Papua New Guinea (PNG) petroleum laws followed, in both legislation and administration, the Australian model brought to PNG by the former pre-independence administrators. In particular, exploration and production rights derived from licences issued under the national petroleum legislation.This practice was distinctly different from the State practice of PNG's near neighbours to the north, particularly Indonesia and Malaysia. In those countries rights to explore for and produce petroleum were acquired by entry into a production sharing contract with the State which to a considerable extent was a self-contained legal code.In addition, PNG has developed a unique contractual model which has been grafted on to the existing licensing system. This new model, embodied in a Standard Petroleum Agreement (SPA), incorporates elements of the negotiated petroleum agreements common in countries with a less developed legal system.The scope of this paper is to assess the strengths and weaknesses of the SPA, both internally and against the framework of the PNG legislation, particularly the Petroleum Act, as well as against the background of similar petroleum agreements offered to oil companies by other countries in the region.
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Rini, Ragil Kusnaning. "Urgensi Prinsip Kepatutan dan Keadilan (Redelijkheid en Billijkheid) Dalam Pembuatan Perjanjian Pendahuluan." Notaire 4, no. 3 (2021): 425. http://dx.doi.org/10.20473/ntr.v4i3.27221.
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The principle of reasonableness and fairness (redelijkheid en billijkheid) is a pair of principles that are closely related and constitute an interpretation of the principle of good faith. So that the terms used in NBW are no longer good faith, but rather reasonableness and fairness. In the Netherlands, this principle is mandatory not only at the time of contract execution, but also at the pre-contract stage, giving rise to pre-contractual liability. Whereas to judge whether or not a preliminary agreement is binding, what must be observed first is the substance and not just based on the title. The importance of applying the principles of reasonableness and fairness in the preliminary agreement is to realize contractual justice and provide protection for weak parties when the expectations of the promises offered cannot be fulfilled. In essence, the principle of reasonableness and fairness requires proportionality among the parties. A preliminary agreement if the clauses are made without paying attention to the principles of reasonableness and fairness will have the potential to cause disputes. Furthermore, the party who feels aggrieved can file a lawsuit on the basis of an unlawful act and demand compensation for the costs that have been incurred.Keywords: Preliminary Agreements; Good Faith; Redelijkheid en Billijkheid.Prinsip kepatutan dan keadilan (redelijkheid en billijkheid) merupakan sepasang prinsip yang saling terkait erat dan merupakan penafsiran dari makna prinsip itikad baik. Sehingga istilah yang digunakan pada NBW tidak lagi itikad baik (good faith), melainkan kepatutan dan keadilan (reasonableness and fairness). Di Belanda, prinsip ini tidak hanya diwajibkan pada saat pelaksanaan kontrak saja, namun juga pada tahapan pra kontrak sehingga menimbulkan adanya pra-contractual liability. Bahwa untuk menilai mengikat atau tidaknya suatu perjanjian pendahuluan, maka yang harus dicermati terlebih dahulu adalah substansinya dan bukan hanya didasarkan pada judulnya saja. Pentingnya penerapan prinsip kepatutan dan keadilan dalam perjanjian pendahuluan adalah untuk mewujudkan keadilan berkontrak dan memberikan perlindungan terhadap pihak yang lemah manakala harapan dari janji-janji yang ditawarkan tidak dapat terpenuhi. Pada hakikatnya prinsip kepatutan dan keadilan menghendaki adanya proporsionalitas diantara para pihak. Suatu perjanjian pendahuluan jika klausul-klausulnya dibuat tanpa memperhatikan prinsip kepatutan dan keadilan akan berpotensi menimbulkan perselisihan. Selanjutnya terhadap pihak yang merasa dirugikan dapat mengajukan gugatan atas dasar perbuatan melanggar hukum dan menuntut ganti kerugian atas biaya-biaya yang telah dikeluarkannya.Kata Kunci: Perjanjian Pendahuluan; Itikad Baik; Redelijkheid en Billijkheid.
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M. Elsawi, Ahmed. "The civil liability of the consortium members for the individual mistake of one member." International Journal of Engineering & Technology 7, no. 2.13 (2018): 272. http://dx.doi.org/10.14419/ijet.v7i2.13.12677.
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Nowadays, the various forms of contractual agreements have spread between the different contracting companies for the purpose of executing the huge international contracts which require the synergy of all efforts. This has led to the appearance of new forms of cooperation between the international contractors, called the "Consortium Agreement", which is a kind of special partnership entered into for the purpose of executing a certain project, and ends at the completion of this project, without the constitution of a separate entity for the parties of this consortium. Nonetheless, many and various legal implications result from this consortium, some of which may be attributed to the subordination relationship between this agreement and the international contract of construction; while other legal implications might be attributed to the Consortium Agreement itself. The main problem in this regard may arise, if the consortium members did not agree on the accurate determination of the civil liability for each party, whether it was during the pre-contractual stage, or during the contract's execution; as well as the specific determination of the consortium members' liability towards the employer for the individual mistake of one member, especially in light of the multiple parties and the unity of purpose. In this regard, the liability may take one of the following two forms: first, to consider all members of the consortium as joint partners before the employer; second, to adopt the personal liability of each member separately, thus, each member shall be liable only for the part assigned to him. Hence, we will try here to answer a major question regarding the liability of the consortium members for the individual error of one member towards each other or towards the employer, taking into consideration the special nature of the Consortium Agreement.
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Bogdanov, E. V., and E. E. Bogdanova. "Post-Contractual Obligations in Russian Civil Law." Actual Problems of Russian Law 18, no. 9 (2023): 69–78. http://dx.doi.org/10.17803/1994-1471.2023.154.9.069-078.
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The paper deals with a specific group of obligations arising in connection with the termination of lease agreements, commercial rental of residential premises and commercial concessions. This group of obligations is qualified as post-contractual obligations. The authors examine peculiarities of the origin and content of such obligations, their separation from warranty obligations, obligations arising from a preliminary contract, conditional contract. The paper elucidates debatable issues of the exercise of preferential rights by lessees, tenants and users to conclude relevant contracts for a new term. The conditions for the exercise of preferential rights and their protection in case of violation are investigated. The paper challenges the position of researchers, according to which the terms of the exercise of the pre-emptive right are suppressive, and the conclusion is justified that this term is the term of its implementation. The paper analyses the features of responsibility of landlords, lessors, and right holders in case of violation of the preferential rights of authorized persons. The authors substantiate the conclusion about the faultless nature of the responsibility of these subjects.
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Sinaga, Roulinta Yesvery. "Kewenangan Notaris dalam Mewujudkan Kebahagiaan." PATTIMURA Legal Journal 2, no. 1 (2023): 43–48. http://dx.doi.org/10.47268/pela.v2i1.8469.
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Introduction: Civil relations, especially engagement relations, are a major factor in the growth and development of society.The actual form of the resulting agreement is the choice of the parties, but for the purposes of evidentiary law, the form of the agreement in a notarial deed (written) has a stronger position. 
 Purposes of the Research: The purpose of this study is to examine the authority of a notary in making authentic deeds and to review the existence of a notary's deed in providing happiness based on the agreement of the parties. 
 Methods of the Research: This research was carried out in a normative juridical manner, using bibliographical data as secondary data to examine rules and norms in law. 
 Results Originality of the Research: The authority of a notary in making agreements is a mandate. The freedom to contract the parties accompanied by the principle of good faith is then stated in a notarial deed that should give happiness to the contracting parties. The position of a notary as an intermediary must accommodate the needs of the parties, both from the pre-contract stage, and the contractual stage to the post-contract stage. The notarial deed is also a means of happiness and light for the contracting parties
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Karjoko, Lego, Iswantoro, and Makhabbat Ramazanova. "‘Good Faith’ in Land Transaction: A Comparative Analysis of the USA and Netherlands Law." Journal of Sustainable Development and Regulatory Issues (JSDERI) 2, no. 3 (2024): 185–208. http://dx.doi.org/10.53955/jsderi.v2i3.49.
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The lack of uniformity among judges in interpreting the criteria for buyers' good faith in land sale and purchase cases results in less favorable outcomes for buyers. This study aims to compare the regulations and implementations of the principle of good faith in land transactions in the United States, the Netherlands and Indonesia. Utilizing a statutory and conceptual approach, supplemented by comparative analysis, this research examines the relevant laws and concepts, including contractual rules and regulations governing sales and purchases. The findings indicate that the legal system significantly influences how countries regulate the principle of good faith—either concretely or abstractly. This influence is closely tied to the concepts of written legal sources, jurisprudence, and the practical application of the principle in statutory regulations. Generally, Indonesia, like other countries, faces challenges in implementing the principle of good faith, particularly for buyers, due to the lack of a definitive benchmark to assess whether agreements are executed in good faith and fairness. To address this issue, the regulation of good faith and its criteria should be clearly articulated in written laws. Ensuring that the principle of good faith is applied throughout the entire land buying and selling process—from pre-contractual stages to contract execution—is crucial for providing adequate protection for buyers acting in good faith.
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Saydivalieva, Khurshida. "THE LEGAL NATURE OF FAMILY-LEGAL CONTRACTS AS AN ALTERNATIVE MEANS OF PRE-TRIAL SOLUTION OF PROPERTY DISPUTE IN THE FAMILY." Jurisprudence 4, no. 5 (2024): 28–39. https://doi.org/10.51788/tsul.jurisprudence.4.5./bsng6231.
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The article focuses on the concept of family disputes and the socio-legal aspects of resolving family disputes by family members. The author analyzes issues that are causing family disputes to increase day by day, and the resolution of property disputes in court proceedings continues for a long time. In the pre-trial process, the legal nature of the family-legal contract, which is an alternative means of resolving property disputes in the family, is considered. The author draws attention to the fact that the family law agreement is an effective means of resolving disputes between husband and wife regarding the distribution of common property, obligations to pay alimony, and other property issues. The article analyzes the main legal aspects of concluding such contracts, their mandatory written form, conditions of operation and requirements for their content. Guarantees of fulfillment of obligations arising from family law agreements and their significance in ensuring the rights and interests of all participants in family law relations will also be considered. Special attention will be paid to the issues of recognition of such contracts by the courts and law enforcement practice in the field of their enforcement. The author also conducted a sociological survey among the population to determine the attitude of citizens towards family law agreements and their readiness to use this mechanism in practice. Based on the survey data, analytical information is provided that shows how well citizens are aware of the legal possibilities of resolving disputes on a contractual basis. The author concludes that the family law agreement is an important element of civil and family law and can help to resolve disputes peacefully, as well as ensure the balance of interests of spouses in the distribution of property.
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Anderson, Shannon W., Margaret H. Christ, Henri C. Dekker, and Karen L. Sedatole. "The Use of Management Controls to Mitigate Risk in Strategic Alliances: Field and Survey Evidence." Journal of Management Accounting Research 26, no. 1 (2013): 1–32. http://dx.doi.org/10.2308/jmar-50621.
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ABSTRACT Transaction cost economics (TCE) theory is widely used to study the governance and management control practices used to mitigate interfirm alliance risk. Following Williamson (1985, 1991), empirical studies typically measure transaction characteristics that proxy for risk in alliances (e.g., asset specificity), and test for a relation between these measures and alliance management control choices. A common criticism of studies in this literature is that they typically focus on a narrow set of governance decisions (e.g., make versus buy) or control practices (e.g., specific contract terms). We posit that an equally limiting aspect of this literature is its reliance on risk proxies measured at the level of the individual transaction. These proxies fail to explicate specific alliance risks and, coupled with an undue focus on transactions rather than the totality of interfirm relationships, limit our understanding of how risks give rise to management controls more broadly defined. In this study we use field-based research and survey methods to develop a comprehensive inventory of the specific risks that managers anticipate and to provide insight regarding their prevalence across different types of interfirm alliances. Our analysis of the data supports an extant classification scheme that dichotomizes alliance risk as relational risk or performance risk (Das and Teng 1996, 2001). However, our analysis reveals another distinct risk category—compliance and regulatory risk—that figures prominently in accounting risk frameworks (i.e., COSO). Our exploratory analysis of correlation in the use of management controls, including contracts as well as pre- and post-contractual control processes, reveals six sets of alliance control practices. Relating these to risks, we find that performance risk is associated primarily with careful partner selection and contractual outcome agreements; relational risk is associated primarily with explicit exit agreements; and, compliance and regulatory risk is associated primarily with informal controls. In addition, we find that as compared to contractual alliances, alliances with shared ownership (i.e., joint ventures) make greater use of financial controls and informal controls. By identifying specific risks and controls used in practice and providing preliminary evidence of their relationships, this study provides a reference for future researchers seeking to provide more meaningful insight into the relationship between interfirm alliance risk environment and control systems.
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Soni, Shubham. "Various Routing Protocols of Vehicular Ad hoc Network: A Survey." International Journal for Research in Applied Science and Engineering Technology 9, no. 12 (2021): 1791–99. http://dx.doi.org/10.22214/ijraset.2021.39612.
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Abstract: A vehicular ad hoc network is a type of network divided by an area where car nodes can join or leave the network. Due to the flexibility of the network environment active contractual routes are used in the development of the route from the source to the destination. Various active and active protocols are updated in this paper. Active routing protocols are those that use current network information in the development of the route from the source to the destination. Active routing protocols are those that use the pre-defined network information in the route setting. Active route agreements use route tables in route development. In this review paper, a literature survey was conducted on VANET route protocols. It is analyzed that an effective route protocol offers higher performance compared to active router protocols. Keywords: VANET, Reactive, Proactive Routing
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Seo, Go Eun. "A Study on the Application of Terms Regulation Act to Agreements Related to Insurance Workers : focusing on the supreme court ruling of June 30, 2022, 2019Da246696 ·2019Da246702." Korean Insurance Law Association 18, no. 3 (2024): 37–85. http://dx.doi.org/10.36248/kdps.2024.18.3.037.
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Insurance workers refer to individuals or organizations that act as intermediaries or agents between insurers and policyholders. Insurance workers includes branch managers, insurance consultants and so on. Insurance workers enter into various contracts and agreements with insurers during the processes of appointment, performance of duties, and termination. However, questions arise regarding whether the Terms Regulation Act should apply in cases of disputes related to contracts or agreements with insurers. It may seem reasonable for Terms Regulation Act is applied to contracts or agreements. Because contracts or agreements can be seen as pre-prepared contractual terms established by insurers to enter into agreements with multiple insurance workers and insurance workers are considered to be in a subordinate position compared to insurers. But, first, in some contracts or agreements between insurers and insurance workers, the presence of individual negotiations raises the question of whether the requirements for the validity of the terms have been met. Second, there are also insurance workers whose status as employees is recognized by the insurer. And last, even if an insurance worker's status as an employee is not recognized, there are insurance workers who, depending on their type, experience, and performance, cannot necessarily be considered to be in a subordinate position compared to the insurer. The purpose of Terms Regulation Act is to invalidate unfair terms and to regulate businesses that apply them, ensuring that economically weaker parties can enjoy the freedom of contract. Therefore, rather than applying Terms Regulation Act unconditionally to insurance workers, it is necessary to carefully examine whether each insurance worker requires protection under Terms Regulation Act and whether the relevant contracts or agreements meet the requirements for the validity of Terms Regulation Act, thus applying it more cautiously. The cautious application of Terms Regulation Act can prevent its indiscriminate application from undermining the intentions and purposes of the parties involved in contracts or agreements, as well as prevent insurance workers from abusing the strict obligations and sanctions imposed by Terms Regulation Act.
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Parasharami, Archis A., and Timothy Tyler. "Finality over Choice:Hall Street Associates, L.L.C. v.Mattel, Inc.(U.S. Supreme Court)." Journal of International Arbitration 25, Issue 5 (2008): 613–21. http://dx.doi.org/10.54648/joia2008047.
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In Hall Street Associates, L.L.C. v. Mattel, Inc., the U.S. Supreme Court held that, under the Federal Arbitration Act, parties to an arbitration agreement may not contract for broader judicial review of arbitral awards than the grounds provided for in the FAA itself. The Supreme Court’s decision resolved a disagreement on this point among lower courts in the United States. The Court’s decision will have no effect on international arbitration agreements in which the parties did not seek to expand judicial review. But it seems highly unlikely that courts will enforce provisions of arbitration agreements that do call for broader review by courts. The decision in Hall Street sought to resolve a tension between two competing values in arbitration law: the desire for quick and final decisions versus the goal of enforcing the contractual choices of parties. In Hall Street, finality won out over party autonomy. In the course of reaching its decision, the Supreme Court discussed, but left untouched, “manifest disregard of the law,” an important common law ground on which an arbitration award may be vacated. The lower federal courts that have considered the issue all agree that arbitral awards are subject to review for manifest disregard of the law, though they differ on the nature and extent of that review. While the Supreme Court rejected the notion that the existence of the “manifest disregard” doctrine opened the door for private parties to expand judicial review by contract, it did not alter pre–existing case law on the availability of review of arbitral awards for “manifest disregard”of the law.
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Volos, Aleksei A., and Karina Kuzhanova. "Smart Contracts: Legal Interpretation of the Parties’ Actions in the Light of the Principle of Good Faith." Zakon 21, no. 9 (2024): 162–69. http://dx.doi.org/10.37239/0869-4400-2024-21-9-162-169.
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The article is devoted to the debatable issues of application of the principle of good faith in interpreting the terms of a smart contract, clarification of the meaning and content of the preliminary agreements of the parties that take place before the conclusion of a smart contract. Among the key factors of interpretation, the authors consider the volitional element of the participants of civil turnover, the nature of the performed obligation within the programme code. Also, in this part the peculiarities of interpretation of smart contracts by courts from the point of view of compliance of the application of provisions from a smart contract with the principle of good faith were especially studied. The researchers have modelled and analysed examples demonstrating particular cases of application of the principle of good faith arising on or before the conclusion of a smart contract (pre-contractual stage of relations).
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Tabash, Mosab I., Umaid A. Sheikh, Ali Matar, Adel Ahmed, and Dang Khoa Tran. "Do Financial Crises Matter for Nonlinear Exchange Rate and Stock Market Cointegration? A Heterogeneous Nonlinear Panel Data Model with PMG Approach." International Journal of Financial Studies 11, no. 1 (2022): 7. http://dx.doi.org/10.3390/ijfs11010007.
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The existing literature has explained the causality flow from the exchange rates toward the stock market without explaining the role of the economic crisis in effecting this nexus. This study examines the role of the financial crisis in affecting the nonlinear causality flowing from the exchange rates toward the stock market indexes of the ASEAN-5 region. The precrisis, postcrisis, and overall sample duration comprised 365, 650, and 1085 observations over the periods from January 2002 to January 2008, January 2010 to January 2020, and January 2002 to January 2020, respectively. The results showed that the conventional symmetrical panel ARDL (PARDL) model was not able to formulate long-run cointegration between currency value fluctuations and stock market indexes for both regimes, i.e., the post recessionary and pre recessionary periods. However, asymmetrical cointegration was established between the currency values and stock market indexes for the pre recessionary period and the overall sampling time frame by utilizing the panel-based NARDL framework (PNARDL). The study suggests practical implications for the exporters and importers to consider the regime as well as both the negative and positive shocks in the international dollar values while making forward contractual agreements.
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Boldyrev, Vladimir A., and Vitaly A. Maksimov. "Autonomy of the will: evolution of juridical doctrine and legal norms." Gosudarstvo i pravo, no. 8 (October 27, 2024): 134–41. http://dx.doi.org/10.31857/s1026945224080135.
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In the article on the basis of statistical methods, the use of the term “autonomy of will” in judicial acts by the law enforcement officer is characterized. It is noted that the meaning of the relevant legal category is not sufficiently defined, which is the reason for its relatively rare (in comparison with “freedom of contract”) use in the texts of court rulings. Amendments made to civil legislation concerning decisions of assemblies, pre-contractual relations and the procedure for changing and terminating multilateral agreements are interpreted as the result of a change in the legal paradigm supported by a legislator. Deeply realized over the years of the functioning of the market economy, reinforced by data from related fields of scientific knowledge, the ability to regulate public relations in a decentralized manner by the will of many people has changed the ideas about the nature of the autonomy of participants in civil turnover, the nature of centralized regulation of public relations and the meaning of legal norms.
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McKelvey, Steve, and John Grady. "Sponsorship Program Protection Strategies for Special Sport Events: Are Event Organizers Outmaneuvering Ambush Marketers?" Journal of Sport Management 22, no. 5 (2008): 550–86. http://dx.doi.org/10.1123/jsm.22.5.550.
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Companies invest millions of dollars to become “official sponsors” of major global sporting events. The tremendous publicity and consumer audiences generated by such events provide an attractive marketing opportunity for companies other than the event’s official sponsors who seek to associate themselves in the minds of the public with the goodwill and popularity of these events. This activity, known as ambush marketing, poses significant legal and business challenges for sport event organizers seeking to protect both the financial investment of official sponsors and the integrity of their sponsorship programs. With rising sponsorship stakes, event organizers have become increasingly proactive in their efforts to combat ambush marketing. This article examines the implementation and effectiveness of a variety of evolving sponsorship program protection strategies including: pre-event education and public relations initiatives; on-site policing tactics; contractual language in athlete participation and spectator ticket agreements; and the enactment and enforcement of special trademark protection legislation.
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Dr., Kiran Bhaskar. "A Review of Information Requirements in Building Information Modeling (BIM)." Journal of Structural Engineering, its Applications and Analysis 6, no. 2 (2023): 1–7. https://doi.org/10.5281/zenodo.8016280.
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<em>This article explores the crucial aspects of building information modeling (BIM) projects, focusing on the contractual agreements and responsibilities of key stakeholders such as BIM specialists, BIM coordinators, and BIM managers. The Employer's Information Requirements (EIRs) and the BIM Execution Plan (BEP) play a significant role in defining project objectives, model specifications, and workflows. The EIR outlines the client's BIM implementation objectives, including responsibilities, handover dates, procedures, and data exchange formats. Bidders respond to the EIR with a pre-award BEP, which is further refined after contract award. Data drops or information exchanges are essential milestones in BIM projects, aligning with stages of the design process. These exchanges include models, data structures, and reports. The ISO standards of the series 19650 provide general specifications for executing BIM projects, ensuring the creation and delivery of appropriate information throughout the project lifecycle. The article emphasizes the importance of establishing clear requirements for information exchange through the EIR. It explains that the EIR evolves from a simplified information requirements process map to a detailed document that outlines the necessary information for decision-making, procurement, and asset maintenance. The EIR includes standard methods, role definitions, an information delivery plan, and a COBie demand matrix. The BIM Execution Plan (BEP) serves to showcase the capabilities of the design team and outlines the information management implementation throughout the project. It includes a project implementation plan, collaboration goals, proposed milestones, and a deliverable strategy. The post-contract BEP further details how the EIR requirements will be met and covers management, planning, documentation, and IT solutions. The article also defines the roles and responsibilities of BIM specialists, BIM coordinators, and BIM managers. BIM specialists possess domain-specific expertise and manipulate models and data. BIM coordinators manage and coordinate multidisciplinary projects, ensuring adherence to standards and procedures. BIM managers oversee information management, coordinate teams, and make strategic decisions. Overall, understanding the contractual agreements, information exchange requirements, and roles within BIM projects is crucial for successful implementation and collaboration among stakeholders.</em>
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Hagibrahim, Youssif, and Dima Al kawadri. "Investigating the factors impacting Defect Reporting in the UAE’s Facilities Maintenance Contracts." Emirati Journal of Civil Engineering and Applications 3, no. 1 (2025): 14–26. https://doi.org/10.54878/4wvjg795.
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Purpose – In order to achieve value for money, it is pivotal to assess maintenance projects at the handover and operational stages and to create a good defect report. This study highlights the importance of managing defect report to achieve better management control during the awarding of contracts for the operation and maintenance phase of buildings. The lack of best practices for defect reporting of the management of contractors results in unnecessary costs, leading to a lack of trust in the contractual relationship between parties. Design/methodology/approach – The authors conducted a literature review to uncover the factors that impact defect report management during maintenance outsourcing. Quantitative, qualitative, and mixed approaches were used to compare the current and best practices of defect report management and to suggest improvements and ensure better awareness of both clients and service providers. Findings – Study reports importance of involving facilities management in early stages of construction projects to reduce operation and maintenance defects and there are several factors are responsible for the quality of defect reporting: involving facilities management in the early stages of construction, controlling and pre-evaluating the contract type, payment mechanisms, contract duration, acting in mutual trust, negotiating service level agreements during mobilisation, and the adequacy of the mobilisation period. These add value to facilities management contracts and reduce operational and contractual disputes. Originality/value – This study addresses the current method and practices of defect report management, discusses its impacts on the outsourcing of maintenance activities, and turns the client’s focus towards managing the fair mobilisation and demobilisation of service providers.
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Motaharifar, Zahra, Mohamad Sadeghi, and Seyed Mehdi Mirdadashi. "A Critical Review of the 2016 French Civil Code Reforms on the Fulfillment of Obligations Without Absolute Termination Rights: Feasibility Analysis for Application in Iranian Law." Comparative Studies in Jurisprudence, Law, and Politics 6, no. 5 (2024): 54–71. https://doi.org/10.61838/csjlp.6.5.4.
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The French Civil Code, which had undergone no significant reforms for decades, experienced substantial changes in 2016 following numerous developments. These changes have profoundly impacted the legal framework, particularly in the area of obligations. This domain has introduced innovations that were previously absent. Although Article 8 discusses the objectives of the reform, especially regarding general obligations and contracts, it seems the reforms extend beyond these goals, bringing fundamental transformations to this field. The critical question is: What innovations does the French Civil Code offer in the realm of fulfilling obligations without the exercise of absolute termination rights? This analytical-descriptive study, conducted through library-based research, critically examines the reforms in the French Civil Code concerning the fulfillment of obligations without absolute termination rights. The findings reveal that these changes are predominantly applied in areas related to economics and commerce. Significant reforms include pre-contractual relationships, preferential agreements, unilateral promises, unfair terms, breach of contract, interpretation and invalidation of contracts, hardship, force majeure, contract transfers, and related rights and obligations.
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Boldyrev, Vladimir, and Vitaly Maximov. "Autonomy of the will: evolution of juridical doctrine and legal norms." Gosudarstvo i pravo = State and Law, no. 8 (August 30, 2024): 134–41. https://doi.org/10.31857/S1026945224080135.
Full textAbstract:
In the article on the basis of statistical methods, the use of the term “autonomy of will” in judicial acts by the law enforcement officer is characterized. It is noted that the meaning of the relevant legal category is not sufficiently defined, which is the reason for its relatively rare (in comparison with “freedom of contract”) use in the texts of court rulings. Amendments made to civil legislation concerning decisions of assemblies, pre-contractual relations and the procedure for changing and terminating multilateral agreements are interpreted as the result of a change in the legal paradigm supported by a legislator. Deeply realized over the years of the functioning of the market economy, reinforced by data from related fields of scientific knowledge, the ability to regulate public relations in a decentralized manner by the will of many people has changed the ideas about the nature of the autonomy of participants in civil turnover, the nature of centralized regulation of public relations and the meaning of legal norms.
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Fathutdinova, I. V. "Contents of the timeshare agreement: european standards and their implementation in the legislation of Ukraine." Analytical and Comparative Jurisprudence, no. 4 (September 11, 2024): 172–76. http://dx.doi.org/10.24144/2788-6018.2024.04.28.
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The scientific article examines European standards for determining the content of a timeshare contract and develops proposals for their implementation in the legislation of Ukraine. Attention is paid to those approaches to the concepts of «content of the contract», «essential conditions», «incidental conditions», which are developed and established for the doctrine of private law. An analysis of the expediency of making changes to the Civil Code of Ukraine, which reveals the concept of «content of the contract», was carried out. Additionally, the expediency of dividing all the terms of the contract into those that are essential, ordinary and accidental is substantiated. It has been proven that for a timeshare contract as an undefined contract, the provisions of Part 2 of Art. 628 of the Civil Code of Ukraine, according to which the parties have the right to enter into such an agreement containing elements of several agreements, that is, a mixed agreement. Approaches to the understanding of freedom of contract in the European Union are analyzed, in particular in the Principles of International Commercial Contracts and the Principles of European Contract Law. Approaches to understanding such essential terms of the timeshare contract as the subject and price of the contract are analyzed. It has been clarified which terms of the timeshare agreement are included in practice when transactions are concluded in the American and European markets. Requirements within the framework of the EU regarding rules on the language of the timeshare contract, requirements for pre-contractual and contractual information were analyzed. As for the terms, the currently active Directive 2008/122/EC provided that the minimum term for a timeshare contract is not less than one year, instead of the three that were previously provided for, and the link to «immovable» property was also removed, which extended the effect timeshare contracts for accommodation on cruise liners, boats. It is substantiated that, taking into account the provisions of Directive 2008/122/EC and the conducted research, it is necessary to provide in special provisions of the law that in each timeshare contract, the parties must agree on the subject and price of the contract, provide for the rights and obligations regarding the maintenance and use of the property, in including the periods and terms of use, regulate the conditions for termination of the contract, including unilaterally.
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Knox, Simone. "Bringing the Battle to Britain: Band of Brothers and Television Runaway Production in the UK." Journal of British Cinema and Television 17, no. 3 (2020): 313–33. http://dx.doi.org/10.3366/jbctv.2020.0531.
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This article explores the development and pre-production history of the 2001 HBO mini-series Band of Brothers. It does so via a combination of original archive research (conducted at the BFI Reuben Library) and interviews with several industry figures with relevant professional experience, including John Barclay, the current Head of Recorded Media for the UK trade union Equity, and Roger Harrop, the former director of regional film commission Herts Film Link. Using these methodologies, the article identifies Band of Brothers as the first significant US runaway television production in the UK, and uncovers how this HBO programme came to benefit from British film tax relief. Here, close attention is paid to dubious practices concerning tax policy and contractual agreements for actors, especially Damian Lewis's pay. The article demonstrates the impact Band of Brothers has had on television production in the UK in terms of providing Equity with a useful precedent when negotiating for subsequent international productions such as Game of Thrones (2011–19). Band of Brothers offers important and timely lessons to be learned, especially given the recent growth of US television runaway productions in the UK.
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Beardwood, John. "Gadzooks – The Standard ERP Software Licence Strikes Again! Lessons Learned From Samuels & Son Seafood Co., Inc. v. Infor (US) — The perils of standard software license agreements for customers of ERP solutions explained." Computer Law Review International 26, no. 1 (2025): 1–9. https://doi.org/10.9785/cri-2025-260102.
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Abstract Every once in a while a technology lawsuit comes along which is not in the hundreds of millions of dollars, and does not involve major customers, but nevertheless encapsulates the unfortunate experiences that many medium-sized enterprises have with software implementations. The case of Samuels & Son Seafood Co., Inc., v. Infor (US), Inc., is exactly that lawsuit. It again evidences the importance of customers engaging in a robust procurement for the selection of both the ERP software licensor and the implementer; the perils of customers agreeing to inappropriately standard and time-banded limited warranties in ERP implementations; where an ERP failure has occurred, the challenge of suing only the licensor and not the implementer; and finally, the strong headwinds customers will face in endeavoring to compensate for contracts which fail to reflect pre-contractual promises of software functionality, by vainly trying to rely on implied warranties of fitness and merchantability. The article first provides an overview of the failure of the project (I.) and reviews the lawsuit from the perspective of the customer (Samuels & Son Seafood Co., Inc.) and then the vendor (Infor (US), Inc.); (II.). Then the examination of the key issues leads to five lessons learned from the lawsuit (III.) and two general observations (IV.).
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Południak-Gierz, Katarzyna. "Consequences of the Use of Personalization Algorithms in Shaping an Offer – A Private Law Perspective." Masaryk University Journal of Law and Technology 13, no. 2 (2019): 161–88. http://dx.doi.org/10.5817/mujlt2019-2-2.
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Personalization mechanisms in consumer e-commerce allow for the adjustment of the time, form and manner of contact, the way of concluding the contract and the availability and content of the offer. Subsequently concluded agreements can be seen as a new phase of development of the consumer transaction model – secondary individualization replaces standardization. The possibility of concluding contracts on a massive scale is retained, but with added granularity and flexibility that mimic the individualisation of transactions. Special provisions for personalized contracts are missing on the EU level and within the Polish legal system.The starting point is an analysis of the reaction of the traditional private instruments of Polish law towards the personalization of offers – case law and doctrinal approach towards the concept of a standard contract and an individually negotiated one are examined. Next, the pre-contractual stage is investigated – the personalization process is explored from the perspective of unfair practices regulation, and the legal basis for the personalization process in the context of the GDPR is discussed. While Polish national law focuses on combating the undesired results of personalization, the EU initiatives aim at granting ex-ante protection. The mechanism in directive 2005/29/EC is being supplemented with an information protection mechanism (consent requirement). The limitations of this model are identified and some alternative solutions are proposed.
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Prokopchuk, О. T. "Insurance Principles as a Methodological Basis for the Formation of Insurance Relations in the Agricultural Sector of the Economy." Collected Works of Uman National University of Horticulture 2, no. 97 (2020): 22–35. http://dx.doi.org/10.31395/2415-8240-2020-97-2-22-35.
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The specificity of the agrarian production process is associated with numerous risks of various species, which leads to a special formation of relationships between the subjects of the agro-insurance market, which should be based on certain specific principles. The functioning of the agricultural insurance market and, accordingly, the formation of a system of insurance relations in the agricultural sector of the economy is based on certain principles that determine the basis for the functioning of the subject composition of the agricultural insurance market in the context of financial, economic, organizational and legal components. Compliance with fundamental insurance principles ensures the possibility of achieving a balance of property interests of participants in insurance relations. The substantive basis of insurance principles regulates the value system of key subjects of the insurance market when concluding agricultural insurance agreements. In this context, it should be noted that knowledge of the insurance methodology requires an unambiguous interpretation of the essence of the principles of the latter, which is the basis for the formation of insurance relations in the agricultural sector of the economy. Consequently, insurance principles are the basis of insurance activities accompanying all stages of the insurance process, starting with pre-contractual relations, then continuing to support contractual relations and ending with participation in their post-contractual types. In essence, the principles of agricultural insurance make it possible to properly coordinate the professional activities of participants in the agricultural insurance market, aimed at neutralizing the risks of various types of population, reflecting the fundamental principles that provide appropriate conditions for the implementation of the interests of all participants in the specified market in the context of both social and economic types. According to the results of the study, the fundamental (basic) insurance principles are classified into three main groups: first — the principles used as the basis of the process of organizing and conducting insurance activities (group of basic insurance principles); second — for risk management of insurance companies (group of additional insurance principles); third — to include special clauses in insurance contracts (group of selective insurance principles). In addition, a set of principles are highlighted that are specific and function in agricultural insurance, forming a methodological basis for the development and distribution of insurance relations in the agricultural sector of the economy, to which, according to the research results, the following principles are attributed: voluntary participation, mutual interest, tariff justification, food security, subsidies and financial stability. This systematization will allow to properly coordinate the professional activities of participants in both the insurance market and its agricultural insurance segment aimed at neutralizing the risks of various species.
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Маліновська, І. М., та М. Д. Комаровський. "Сучасні тенденції регулювання відносин за договором комерційної концесії". Форум права 69, № 4 (2021): 19–28. https://doi.org/10.5281/zenodo.5075712.
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<strong>Постановка проблеми. </strong>З<strong> </strong>прийняттям в Україні у 2003 році нового Цивільного кодексу вперше на законодавчому рівні було врегульовано низку договірних відносин. Однією з таких договірних конструкцій є договір комерційної концесії, основні засади правового регулювання якого були закріплені майже 20 років тому, проте досі існує невизначеність стосовно його окремих елементів. Тому наразі існує потреба в їх вирішенні, оскільки даний договір активно використовується. <strong>Метою </strong>дослідження є виявлення сучасних проблем і дискусійних питань щодо правового регулювання відносин за допомогою договірної конструкції "комерційна концесія", та визначення шляхів їх вирішення. Використано <strong>методи</strong> індукції та дедукції для аналізу правового регулювання відносин за допомогою договірної конструкції комерційної концесії; формально-юридичний метод – для аналізу вітчизняних і іноземних нормативно-правових актів; системно-структурний метод – для з'ясування суперечливих питань щодо предмета договору; герменевтичний – для аналізу положень договору та виявлення його проблемних елементів; формально-логічний – в обґрунтуванні висновків. <strong>Результати. </strong>Встановлено, що в національному законодавстві стосовно договору комерційної концесії проблемною є його назва, що не відповідає позиціям міжнародної практики та міжнародному законодавству, зокрема, країн ЄС. Обґрунтована необхідність прийняття спеціального закону. Досліджено особливості визначення предмету договору та підтримана позиція доцільності регламентації прав та обов’язків сторін. <strong>Висновки. </strong>Шляхи вдосконалення законодавства вбачаються в приведенні назви договору у відповідність до законодавства західних країн. Запропоновано використовувати досвід США у врегулюванні переддоговірних відносин, що дозволить додатково захистити одну зі сторін договору. Встановлено, що до обов’язкової складової комплексу виключних прав за договором належить торговельна марка та комерційне найменування. Звернено увагу на необхідність його закріплення на законодавчому рівні. Також підтримана позиція регуляції прав та обов’язків сторін шляхом визначення в окремому спеціальному законодавстві істотних і звичайних умов із врахуванням основних прав та обов’язків сторін. <strong>Problem statement</strong>. The adoption of the new Civil Code in 2003 has led to the legislative regulation of several agreements for the first time. One of such agreements is the commercial concession agreement. Even though its basic principles of legislative regulation have been established almost 20 years ago, there is still some uncertainty to be found in some of its aspects. Thus, there is a necessity to address the problem as the commercial concession agreement is popular and used actively. The <strong>purpose</strong> of the research is to identify contemporary problems and discuss issues of legislative regulation of the commercial concession agreement and proposal of own solutions to help the problems. The following <strong>methods</strong> were used for the research: induction and deduction – which were used to analyze the legal regulation of relations by means of contractual construction of commercial concession; formal-legislative method – used directly in the analysis of regulations, including that of foreign law; systematic-structural method – used to research controversial issues regarding the subject of the agreement; hermeneutic – to analyse specific agreement provisions and identify its general problems; and formal-logical – applied to write conclusions. <strong>Results</strong>. It was found that there are currently several problems in the national legislation regarding the commercial concession agreement naming, which does not correspond with the positions of international practice and international law, including that of the EU. There is also a necessity to adopt an appropriate law. The issues of agreement subject were analysed, as well as the integrity of legislative regulations and obligations of the parties. <strong>Conclusions</strong>. Some positions on the problem were supported, and concrete ways to improve the legislation were suggested. Thus, it is necessary to make the name of the agreement correspond with the laws of Western countries, which will allow avoiding potential problems in juridical practice. It is proposed to use the US practice, particularly the regulation of pre-contractual relations, which will further protect one of the agreement parties. The expediency of adopting a specialized law is substantiated. It was found that the obligatory aspect of the exclusive rights complex under the agreement involves a trademark and a commercial name. The importance of the necessity to adopt this at the legislative level was shown. The regulation of the rights and parties’ obligations was supported by defining substantive and customary conditions in separate special legislation, taking into account the basic rights and obligations of the parties.
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Mirza, Mansha, Rooshey Hasnain, and Kathryn Duke. "Fostering Community-Academic Partnerships to Promote Employment Opportunities for Refugees with Disabilities: Accomplishments, Dilemmas, and Deliberations." Societies 8, no. 3 (2018): 86. http://dx.doi.org/10.3390/soc8030086.
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Little attention has been given to the processes and dynamics involved in community-engaged research with hard-to-reach and marginalized communities. This concept paper focuses on experiences with and lessons learned from the developmental phase of a community-engaged research project aimed at promoting the economic self-sufficiency of refugees with disabilities in Illinois. Steps taken to foster collaboration between academic researchers and community stakeholders are described, followed by the authors’ commentary on challenges encountered and how these were addressed. Several methods were used to facilitate engagement of community stakeholders. In the pre-funding stage, lead researchers identified potential community partners by networking with coalition groups and task forces focused on disability- and refugee-related issues. In the post-funding stage, relationships with partners were formalized, partners’ roles were defined, and contractual agreements were developed. An advisory board consisting of representatives from partner agencies and self-advocates with disabilities was also assembled to help guide the project goals and deliverables. Structured group and one-on-one meetings were held to sustain community partner engagement. These community engagement strategies were deemed successful. However, challenges did emerge due to conflict between community stakeholders’ preferences, and research logistics and regulatory requirements of the academic institution. Findings suggest that with careful planning, barriers to community-academic collaborations can be addressed in ways that benefit all parties. This paper offers practical strategies and a roadmap for other community-engaged research projects focusing on vulnerable and marginalized groups.
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Pasichna, Olena. "FEATURES OF STUDYING DOCUMENTS REGARDING PERSONNEL IN THE COURSE «THE UKRAINIAN LANGUAGE (FOR PROFESSIONAL PURPOSES)»." Scientific Bulletin of Uzhhorod University. Series: «Pedagogy. Social Work» 1, no. 56 (2025): 172–76. https://doi.org/10.24144/2524-0609.2025.56.172-176.
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Language training in institutions of pre-higher vocational education includes the development of skills and abilities of students to draft documents for various purposes, including personnel-related documents. These are very important for mastering, as they relate to many aspects of personnel management: hiring, transferring from one position to another, dismissal, granting leave, and employee incentives. The course «The Ukrainian Language (for Professional Purposes)» as a mandatory component of the educational and professional program provides the necessary set of knowledge and skills for students of pre-higher vocational education on the topic «Drafting Personnel-related Documents». The relevance of the issue is determined by the need to implement effective forms of work in the process of studying the topic «Drafting Personnel-related Documents». The article aims to describe the system of working with personnel-related documents in order to develop practical skills and abilities of students of pre-higher vocational education to draft business papers of this group. Research methods: analysis and synthesis of scientific literature (to determine the state of development of the issue), theoretical generalization (to formulate the final provisions and conclusions). The system of working with personnel-related documents is aimed at helping students of pre-higher vocational education acquire theoretical knowledge about the specifics of these business papers and develop practical skills and abilities in drafting them. The article reveals the general features (purpose, structure, and set of requisites) of resumes, applications, personnel-related orders, autobiographies, and references. To develop the skills and abilities of students of pre-higher vocational education to draft these business papers, a system of various tasks is proposed, namely: revealing the content of concepts based on the given definitions; selecting the normative variant of word usage in personnel-related documents; editing fixed constructions used in business papers of this group; completing given sentences; correcting mistakes caused by violations of stylistic and orthographic norms; determining the type of document based on the given features; creating sample forms of documents; drafting the text of a document based on specified data. The use of the proposed system of tasks in the educational process allows students of pre-higher vocational education to acquire the necessary skills and abilities defined by the syllabus of the course «The Ukrainian Language (for Professional Purposes)». The prospect of further research is seen in the development of methodological support for studying the specifics of employment agreements and contracts as mandatory documents in personnel and contractual matters.
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Wybieralski, Piotr. "Pre-Settlement Risk Limits for Non-Financial Counterparty in the Polish Over-the-Counter Derivatives Market." Annales Universitatis Mariae Curie-Skłodowska, sectio H – Oeconomia 57, no. 1 (2023): 219–35. http://dx.doi.org/10.17951/h.2023.57.1.219-235.
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Theoretical background: The 2008/2009 financial crisis, the COVID-19 pandemic outbreak in 2020 or the Russian invasion of Ukraine in February 2022, all these affected market volatility causing greater interest in counterparty credit risk (CCR) management especially in the OTC derivatives market. This study investigates selected method to mitigate the CCR, namely the application of various risk limits. The research is focused particularly on the pre-settlement risk that financial institutions face after transaction conclusion until the contract’s final settlement. Instead of one single limit there may be a wide range of different treasury limits (a multiple treasury limit setup) applied not only to cover the credit exposure but also to support and enhance the entire market risk management process and day-to-day operations in the financial institutions. Purpose of the article: The paper examines treasury limits employed to manage pre-settlement risk in the Polish OTC derivatives market in the relation between financial institution and non-financial institution. The current literature on this subject includes works on various risk limits, especially in the Polish inter-bank market, however, there is still no broader view on this topic from the analysed perspective. The study indicates different pre-settlement risk limits to be applied in practice both for daily and credit-related transactions considering multiple determinants, such as counterparty and financial instrument type, asset class or collateral form. Research methods: Research methods comprise the analysis of guidelines and recommendations of the Polish Financial Supervision Authority as well as reports, documents and market risk management principles of selected financial institutions. Particular attention is paid to the analysis of legal backgrounds on treasury limits in Poland and bank’s sources, such as master agreements, general conditions of cooperation in the field of treasury products, regulations, information brochures, etc. Selected data from the 2022 Triennial Central Bank Survey of Foreign Exchange and OTC Derivatives Market Activity in Poland is used in the context analysis. Main findings: Different determinants of pre-settlement risk limit setup are identified and on this basis a directory of pre-settlement treasury limits is developed. The paper indicates also some challenges related to their practical application, concerning, for instance, the breaches of contractual terms (events of default), timely renewal of treasury limit or issues regarding the market risk estimation.
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Aburoub, Raed Fawzi, Nabeel Mahdi Althabhawi, Mohamad Rizal Abd Rahman, and Bakhit Mohd Aldajeh. "The Legal Nature of Smart Contracts in a Perspective of Jordanian Civil Legislation." WSEAS TRANSACTIONS ON INFORMATION SCIENCE AND APPLICATIONS 22 (November 18, 2024): 45–55. https://doi.org/10.37394/23209.2025.22.5.
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This legal research explores the jurisprudential aspects of smart contracts in the context of Jordanian civil legislation. Smart contracts, which are digital programs based on blockchain technology, have emerged as a disruptive force with the potential to revolutionize traditional contractual relations. They autonomously execute binding agreements by adhering to pre-programmed instructions when specific conditions are met, thereby obviating the need for intermediaries. The growing global prominence of smart contracts makes their compatibility with and implications for the legal framework in Jordan an imperative subject of inquiry. Nevertheless, the integration of smart contracts into the existing legal framework presents distinctive challenges, especially within the milieu of Jordanian civil legislation. This research paper aims to conduct a comprehensive analysis of the stance of Jordanian civil legislation regarding smart contracts. By evaluating the compatibility between smart contracts and prevailing legal structures and an exploration of potential ramifications, this study contributes to the discussion concerning the convergence of technological innovation and legal frameworks within the Jordanian context. To achieve this goal, the study utilizes a descriptive, inductive, and analytical approach. The study concluded that the implementation of smart contracts presents legal challenges related to confirming digital mutual consent, aligning legal definitions with blockchain assets, and addressing enforceability concerns associated with self-execution. However, the study puts forth a range of recommendations, with the most significant being the development of mechanisms within smart contracts to confirm the mutual consent of contracting parties through the use of digital identity verification tools and electronic signatures.
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Bottoni, Francesco. "Partial Agreement and Contract Formation." European Business Law Review 31, Issue 2 (2020): 337–44. http://dx.doi.org/10.54648/eulr2020014.
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The article discusses the possibility for contracts to be partially formed or not fully complete under the Italian Civil Code and how these are to be treated in relation to enforcement and remedies. Partial agreement, incomplete contract, letter of intent, pre-contractual liability, breach