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Journal articles on the topic 'Validity of the contract'
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Schroeter, Ulrich G. "Contract validity and the CISG." Uniform Law Review 22, no. 1 (March 2017): 47–71. http://dx.doi.org/10.1093/ulr/unx010.
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Shojaei, Abdorreza. "Validity of Open Contract in International Trade Law." Journal of Politics and Law 10, no. 2 (February 28, 2017): 241. http://dx.doi.org/10.5539/jpl.v10n2p241.
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Open contracts are agreement whereby parties of the contract can insert terms and conditions in the contract, delete them, or revise them. Some contracts for the supply of goods or construction are examples of such contracts. One party (usually a contractor or seller) can have many initiatives by increasing and decreasing the price or by changing elements of the contract. Certainly, there are many reasons, motives, and important goals in creating this type of conventions and its acceptance by the legal community. Discovery of these reasons and the goals leads to fundamental changes and definition of this type of contract could be a major driver of reform in Iranian contract laws, as Iranian community prefers to use example or pre-specified forms of contracts. Therefore, referring to the Principles of European Contract Law and implementation of the legal provisions, legal doctrines, and jurisprudence, presentation of new concepts such as open contract as well as analysis of its nature, validity, and effects leads to establishment of grounds for accepting new contractual frameworks and its localization of contractual rights in Iran because it has been rejected due to traditional perspectives. It may result in legislation to pave the way for solving many legal problems in specialized issues such as oil contracts. In this regard, in addition to genealogy of open contract, this article aims to examine its types and its effects legally in the laws of countries like Iran and European countries.
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Dahham, Mohammed Waheed. "أركان العقد الإداري وشروط صحته دراسة مقارنة." Twejer 3, no. 3 (December 2020): 707–38. http://dx.doi.org/10.31918/twejer.2033.19.
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The administrative contract is the tool used by the administration to maintain the continuity of the public facility and its steady progress in order to meet the needs of citizens, in way would achieve the public interest. The administrative contract consists of procedures paving the way for its conclusion, represented by the administrative decisions issued by this department with the public authority it has in accordance with the laws and regulations. These decisions are part of and component of the administrative contract. Therefore, the elements of the administrative contract are; that the public authority is one of its parties, the contract relates to a public facility service, and the contract should be subject to public law. However, the conditions of validity of the contract are; the administration shall abide by the laws and regulations in selecting the contractor, the administrative contract includes contractual and regulatory provisions and, and the public person has a generic feature throughout the life of an administrative contract. Key words; administrative law, administrative decision, elements of administrative law, conditions of validity of administrative contract, legal system of administrative law, conclusion of the administrative contract
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CRETU, Georgeta, and Camelia SPASICI. "THE LEGAL NATURE OF ”PRE-CONTRACTUL OBLIGATIONS”:CONDITIONS OF VALIDITY IN THE CONSUMER CONTRACT." Jurnalul de Studii Juridice 15, no. 3-4 (December 20, 2020): 30–42. http://dx.doi.org/10.18662/jls/15.3-4/73.
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This paper aims to briefly analyze the legal nature of “the pre-contractual obligations” regarding the information, counselling and safety elements that are specific to the consumer legislation. From the perspective of consumerist regulations, “the pre-contractual obligations” occur during the formation of the contract stage although in the civil contract the obligations of the parties designate the effects of the contract. In these circumstances, the following question arises: are “the pre-contractual obligations” laid down in the Consumer Code conditions of validity or effects (obligations) of the contract? This dispute is a part of the harmonization process of the institutions that are specific to the legislation of consumption with those of the contract as laid down in the Civil Code (the ordinary law in the matter). The paper is structured in four parts: “Introduction”, “The Stages of the Civil Contract: the Conditions of Validity, Conclusion, Effects and Termination”, “The Pre-Contractual Obligations as Laid Down in the Consumer Code” and “The Legal Character of the Pre-Contractual Obligations.” This legal undertaking ends with conclusions.
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Obiri-Korang, Prince. "A re-examination of the conflict rules governing the validity of international contracts." Journal of Comparative Law in Africa 7, no. 2 (2020): 41–59. http://dx.doi.org/10.47348/jcla/v7/i2a2.
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Generally, under choice of law, the issue of uncertainty associated with the determination of the governing law of international contracts is quite clear. The level of this uncertainty, however, increases when dealing with questions about which law governs the validity of such contracts. Like other areas of private international law, matters concerning validity present several unique challenges both in theory and in practice, making it the most complicated topic in private international law literature. In fact, the uncertainty in this area has led to a situation where different rules are applied by different states, without taking into consideration the link that should exist between the state whose law becomes applicable and the function that the law is expected to serve – determining the validity of a contract. This article attempts to contribute to existing literature on choice of law questions regarding the validity of international contracts and also provides solutions, based on the underlying principles of private international law of contract that effectively address the uncertainty in this area of law. The article submits that the law that governs the validity of an international contract must, at all times, be one that has a legitimate interest in matters concerning the legality or otherwise of such contracts. In this regard, the article strongly opposes the theory that the parties’ intention determines the law that governs the validity of their contract. After a careful examination of literature and landmark judicial decisions in both civil law and common law jurisdictions, the article concludes that the lex loci solutionis is the appropriate law to determine matters relating to the validity of international contracts.
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Bawono, Bambang Tri. "The Validity of Electronic Contracts in Software Applications." Jurnal Akta 7, no. 1 (June 13, 2020): 119. http://dx.doi.org/10.30659/akta.v7i1.10556.
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The development of information and communication technology resulted in the form of agreements turned into electrical forms, which are commonly referred to as electronic contracts. Discussion on electronic contracts refers to Article 46 paragraph (2) President Regulation No. 71 of 2019 on the Implementation of Electronic Systems and Transactions must also fulfill the legal conditions of the agreement. Based on this case, it is necessary to do a deeper study of the electronic contract, because it certainly has the potential to not fulfill the legal conditions of the agreement.Method research used in this research is library research. While the approach in this study uses a normative juridical approach. The source of legal material in this study uses primary and secondary legal materials.The results of this study state that the validity of electronic contracts in software applications can be canceled and null and void. Electronic contracts in software applications can be canceled because they do not meet the subjective requirements in terms of skills. This is because those who make electronic contracts through click warp have the potential to be immature, because they are under 18 years of age. Especially in the context of the use of smartphones or other devices related to the use of software applications, there are no clear rules regarding the minimum limits of users of such smartphones or devices. While the electronic contract has the potential to be null and void because the electronic contract is potential to conflict with the laws and regulations of Article 47 paragraph (1) President Regulation No. 71 of 2019 on the Implementation of Electronic Systems and Transactions. Electronic contracts in software applications are generally made using foreign languages, while Article 47 paragraph (1) requires that electronic contracts faced by Indonesian citizens must be made in Indonesian.Keywords: Electronic Contracts; Click Warp Agreement; Terms of Legitimate Agreement.
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김창희. "A Study on Validity of AnticipatorySet-off Contract." Korean Lawyers Association Journal 65, no. 1 (January 2016): 52–89. http://dx.doi.org/10.17007/klaj.2016.65.1.002.
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Intigam Garayeva, Aysel. "CONTRACTUAL CAPACITY OF MINORS." SCIENTIFIC WORK 65, no. 04 (April 21, 2021): 133–36. http://dx.doi.org/10.36719/2663-4619/65/133-136.
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Capability is one of the essential factors that the validity of contract stipulates the existence of it. Contractual capability means capacity and competency of parties. Individuals, legal entities, as well as states and municipalities may act as a party in concluding a contract. In general, it is important for individuals to have full active legal capacity in order to enter into a contract without someone's approval. As a legal matter, there are certain groups of people who are presumed to have no or limited contractual capacity to make an agreement. Minors included in this group must comply with the requirements established by the civil legislation for validity of contracts concluded by them. This article clarifies invalidity issues of contracts concluded by a minor party, necessity of consent and approval of legal representatives for validity of contracts and emancipation of minors. Key words: active legal capacity, minors, contractual capacity, children, approval of legal representatives, invalidity of contracts concluded by minors, emancipation
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Puneri, Atharyanshah, Ilhamiddin Ikramovich Nazarov, Moustapha Chora Ahmat, and Muhamad Ikhwan Arif. "The Litigation Process in Handling Murabahah Cases: A Comparative Study between Malaysia and Indonesia." International Journal of Management and Applied Research 6, no. 4 (November 1, 2019): 307–16. http://dx.doi.org/10.18646/2056.64.19-023.
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In conventional banking, the validity of a contract is recognised through case law and the legal system of the country. Islamic banking contracts follow the same laws in addition to Shariah principles, which sometimes create legal uncertainty. Murabahah is an Islamic financial instrument which allows a buyer to purchase goods from a seller at a specified profit margin. In contemporary banking practice, Murabahah has been widely used by Islamic financial institutions as a financing contract. It is therefore important to scrutinise the legality and validity of Murabahah practised by Islamic financial institutions in contemporary settings because the existing substantive law on contracts and commerce may not fit well with the Shariah principles. This paper selected three Murabahah cases in Malaysia and Indonesia between 2013 and 2016 as points of comparison. Future research could compare and contrast legal cases over a wider time span.
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Natig Mammadova, Nazrin. "LEGAL ANALYSIS OF VALIDITY OF A SURETYSHIP AGREEMENT." SCIENTIFIC WORK 65, no. 04 (April 23, 2021): 415–19. http://dx.doi.org/10.36719/2663-4619/65/415-419.
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In order the contracts to be binding and engender legal consequences, firstly, they must be concluded in compliance with formal requirements set forth in the legislation. A suretyship agreement is also a contractual obligation. Taking into account its unilateral and gratuitous nature, the suretyship contract can result with onerous circumstances for the surety. That is why, validity conditions of the suretyship agreement pursue the aim to preserve legitimate interests and economic situation of the surety. The provision of them make the surety comprehend the seriousness of his engagement. This article illustrates the analysis of the essential terms of the suretyship agreement to be valid in comparison with foreign legal systems. Key words: suretyship agreement, a security device, conditions of validity, existence of a main obligation, written form, spouse’s consent.
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Wardhani, Andini Aprilia, and Erni Agustin. "KONTRAK KAPITASI DALAM HUKUM KONTRAK INDONESIA." Media Iuris 1, no. 2 (July 4, 2018): 215. http://dx.doi.org/10.20473/mi.v1i2.8826.
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The existence of Act No. 3 of 1992 on Social Security of Labor which regulates that a company is required to provide social security, one of them by providing health insurance for its workers. One form of health insurance provided by the company to its employees is through a healthcare contract, made between the company and the hospital generally referred to as the capitation contract. However, until now there has been no legislation regulating the capitation contract so that the question arises about the validity, characteristics, and implementation of the capitation contract itself. This article aims to examine the characteristics, the validity, and the implementation of capitation contract in Indonesia. Specifically, this type of capitation contract has not been regulated in Indonesian legislation. The parties to the capitation contract are hospitals as providers of healthcare services and companies as recipients of healthcare services. Payments in capitation contracts are fixed and made regularly provided by the recipients of health care services. Capitation contracts are included in contracts that are beneficial to the third parties. Implementation of captation contract in Indonesia refers to the prevailing laws and regulations in Indonesia and should not be contradictory to the regulations such as Social Security of Labor, Health Law and Hospital Law.
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Oleksandr, Polivodskyі. "Land lease contract. Dynamic of invalidity." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 249–60. http://dx.doi.org/10.33663/0869-2491-2020-31-249-260.
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The article is devoted to the issues of invalidity of land lease contracts. The author points out that the problem is important and significant both for the theory and practice. Cases on land lease contract validity contain significant part of disputes in Ukrainian business and civil courts, that demonstrates topicality of the problem and demand to the ideas, conception and solution. Author proposes considers the problem of invalidity in dynamic, in accordance to the sequences of legal facts and conditions that are related to invalidity of contracts, proposes his own phases of invalidity (preceding or preparation; committing contract; executing contract; contestation of validity of the contract; legal consideration and application of effects of invalidity) as well as corresponding stages of invalidity of the contracts. In this view, the article contains analysis of legislation and it’s specific in aspect that is related to the issues of invalidity of land lease contract. The author made analysis of literature proposes changes to legislation on invalidity of land lease contract. The author points out that form of the land lease contract is not conditioned by registration of rights and contract itself, meanwhile, parties agreed another conditions/ Among others, the author proposes consider land lease contract as real contract (not consensual), that committed at the moment of signing, proposes application of the principle of legitimate expectations to relations that are related to invalidity agreement and proposes changes to legislation.
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., Sunaryo, and Hanifah Nuraini. "Electronic Commerce: Validity of the Digital Contract Based on Indonesia Legislation Perspective." Volume 5 - 2020, Issue 9 - September 5, no. 9 (October 7, 2020): 1111–15. http://dx.doi.org/10.38124/ijisrt20sep412.
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Technological developments in the economic sector, a transaction renewal known as electronic commerce. Transactions that occur in e-commerce are categorized as digital contracts. The use of digital contracts in Indonesia does not escape a number of problems, which is legal. Legal issues that appear in this digital transaction are related to the element of validity. Digital contracts as a new type of contract cannot be equated with conventional contracts, because there are different limitations. This condition resulted in the implementation of digital contracts being facilitated thoroughly by regulations. This paper will examine legal issues in the implementation of digital contracts and understand the legality of digital contracts based on legal instruments in Indonesia.
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Meemken, Eva-Marie, and Marc F. Bellemare. "Smallholder farmers and contract farming in developing countries." Proceedings of the National Academy of Sciences 117, no. 1 (December 13, 2019): 259–64. http://dx.doi.org/10.1073/pnas.1909501116.
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Poverty is prevalent in the small-farm sector of many developing countries. A large literature suggests that contract farming—a preharvest agreement between farmers and buyers—can facilitate smallholder market participation, improve household welfare, and promote rural development. These findings have influenced the development policy debate, but the external validity of the extant evidence is limited. Available studies typically focus on a single contract scheme or on a small geographical area in one country. We generate evidence that is generalizable beyond a particular contract scheme, crop, or country, using nationally representative survey data from 6 countries. We focus on the implications of contract farming for household income and labor demand, finding that contract farmers obtain higher incomes than their counterparts without contracts only in some countries. Contract farmers in most countries exhibit increased demand for hired labor, which suggests that contract farming stimulates employment, yet we do not find evidence of spillover effects at the community level. Our results challenge the notion that contract farming unambiguously improves welfare. We discuss why our results may diverge from previous findings and propose research designs that yield greater internal and external validity. Implications for policy and research are relevant beyond contract farming.
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Arabi, Oussama. "Intention and Method in Sanhūrī's Fiqh: Cause as Ulterior Motive." Islamic Law and Society 4, no. 2 (1997): 200–223. http://dx.doi.org/10.1163/1568519972599824.
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AbstractIn his attempt to bring classical Islamic jurisprudence closer to the legal and judicial norms of modernity, the Egyptian master-jurist ʿAbd al-Razzāq al-Sanhūrī identified a structural similarity between the ḥanbalī doctrine of intention (nīya) in contracts and contemporary French law, which upholds the legal effect of the driving motive in validating or nullifying a contract. Sanhūrī demonstrated that the same pietist ethical dimension of the medieval Church-jurists' theory of subjective motivation, which is the historical source of modern French and Egyptian judicial practice, is also present in the Islamic legal tradition. Through a comparative and critical analysis of the major Sunnī law schools' doctrines of intention in contracts, Sanhūrī corrected Chehata's conclusions of 1936. It emerges that in contrast to ḥanafī and Shāfiʾi jurisprudence, which ignore ultimate motive when it is not apparent from the terms of the contract, ḥanbalī and Mālikī law stress the licitness of the subjective cause of the contract as a sine qua non condition for its validity.
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Sulistyowati, Herwin, Sri Endah Wahyuningsih, and Eko Soponyono. "Legal Analysis of Crimes in Contracts Validity in the Digital Era." UNIFIKASI : Jurnal Ilmu Hukum 7, no. 1 (May 5, 2020): 110. http://dx.doi.org/10.25134/unifikasi.v7i1.2701.
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Today�s digital era, which is inseparable from the rise in online transactions, makes e-contract a trending issue to discuss. E-mail account hacking, targeted by various crimes in business world, is used as a way for those who use e-contracts as a loophole in carrying out cybercrimes. Hence, laws are needed to protect both business actors and consumers in this digital era. This study aims to find out the legal analysis of crimes in contracts validity in the digital era. This descriptive analytic study applied doctrinaire approach. Meanwhile, the type of the study itself was normative juridical. Secondary legal material both in the form of regulations and legal theories were used in this study. The regulations on Electronic Information and Transactions used were Law No. 11 of 2008, Government Regulation on The Implementation of Electronic System and Transaction No. 82 of 2012, Law No. 2 of 2014 on Notary Position, the Indonesian Civil Code, HIR (Herzein Inlandsh Reglement), and Rbg (Rechtriglement voor dee buitengewesten). The results showed that the validity of e-contract is regulated in Article 1 paragraph 17 of Law No. 11 of 2008 concerning Electronic Information and Transactions stating that electronic contract is an agreement of parties entered by means of electronic systems. In Indonesia, an explanation of the legal basis of electronic contract has not yet been formally regulated in e-contract Law. All agreements made are still based on the basic legal rules of agreement, namely the Indonesian Civil Code and Book IV Bulgelijk Weatbook (BW), which are also used as guidance when there is a dispute in the validity of contract. Finally, the legal implication is that the crimes in contracts validity in the digital era have not been matched by the readiness of law enforcement officials.Analisa Hukum tentang Kejahatan dalam Keabsahan Kontrak di Era DigitalMemasuki Era digital yang tidak lepas dari maraknya transaksi yang dilakukan dengan online menjadi bagian dari pembuatan e-kontrak yang menjadi tranding saat ini. Pembobolan akun email yang menjadi sasaran dalam aksi kejahatan di berbagai dunia bisnis menjadi tujuan bagi mereka yang menggunakan e-kontrak sebagai celah dalam melakukan kegiatan jahat ini. Hukum diperlukan dalam hal memberi perlindungan untuk kenyamanan para pelaku usaha dan konsumen dalam era digital. Tujuan penelitian ini adalah uintuk mengetahui analisis hokum tentang kejahatan dalam keabsahan kontrak di era digital. Penelitian ini bersifat deskripsi analitis . Jenis penelitian adalah yuridis normative, pendekatan doktriner yang mempelajari aturan hokum, bahan hokum sekunder, baik berupa peraturan- peraturan maupun teori- teori hokum. Dalam penelitian adalah peraturan tentang Informasi dan Transaksi Elektronik yaitu Undang- Undang Nomor 11 tahun 2008, Peraturan Pemerintah tentang Penyelenggaran Sistem dan Transaksi Elektronik Nomor 82 tahun 2012, Undang- undang Jabatan Notaris nomor 2 tahun 2014, Kitab Undang-undang Hukum Perdata, HIR (Herzein Inlandsh Reglement) dan Rbg (Rechtriglement voor dee buitengewesten). Hasil penelitian dan pembahasan bahwa kejahatan keabsahan hukum� kontrak dalam penggunaan digital elektronik diatur dalam Undang- Undang Informasi dan Transaksi Elektronik (UU ITE) yaitu Undang- undang Nomor 11 Tahun 2008 Pasal 1 angka 17 bahwa segala kontrak yang dibuat dengan system elektronik adalah disebut kontrak elektronik. Di Indonesia sendiri penjelasan tentang dasar hokum yang legal tentang kontrak elektronik belum diatur secara formil Undang- undang e kontrak. Semua macam jenis perjanjian yang dibuat masih berdasarkan pada aturan hokum dasar perjanjian yaitu Kitab Undang- Undang Hukum Perdata (KUHPerdata), dan Buku IV Bulgelijk Weatbook (BW) menjadi pedoman ketika terjadi sengketa dalam beban pembuktian kontrak dan penyelesaiann. Implikasi hokum yang banyak terjadi adalah kejahatan keabsahan dalam kontrak era ditigal belum diimbangi dengan kesiapan aparat penegak hukum.
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이대우 and 양의동. "A Study on the Validity of Arbitration Agreement in the Charter Party Contract and Bidding Sales Contract." KOREA INTERNATIONAL COMMERCIAL REVIEW 29, no. 2 (June 2014): 91–107. http://dx.doi.org/10.18104/kaic.29.2.201406.91.
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Kichigin, S. V. "Termination of Validity and Termination of Performance of an Employment Contract." Actual Problems of Russian Law 15, no. 4 (April 29, 2020): 91–98. http://dx.doi.org/10.17803/1994-1471.2020.113.4.091-098.
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Cotutiu, Aurelia. "The Essential Conditions for the Validity of the Contract of Carriage." Journal of Legal Studies 16, no. 29 (June 1, 2015): 48–55. http://dx.doi.org/10.1515/jles-2015-0005.
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Abstract At the conclusion of the transport contract for goods or people, the carrier shall make available to the consignor or the passenger his exclusive and special service to travel in space with a suitable means of transport, different from other previous or subsequent transport services. Thus, the transport activity is entirely distinct and independent from the civil or economic transactions concerning the goods transported, which run between the consignor and the recipient, or, taking another example, from the insurance agreement during the transport of goods or persons, imposed by law. At the same time, transport is a service of public interest, which obliges the transport operator to publish permanently his transport offer with all the information needed to access it. This is the source of the organized and uniform periodicity of the carrying trade, performed as a constant preoccupation in order to obtain profit. But, because of the multitude and diversity of displacement interests of the transport beneficiaries, sometimes the transport operator is forced to arrange that the transport of goods or people contracting should be carried out through another carrier. Therefore, whenever the transporter is substituted by another transport operator for total or partial execution of its duty, the latter will be considered part of the transport contract, taking over all obligations of the contracting operator directly with the beneficiary of his service.
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Nicolae, Ioana. "CONSIDERATIONS REGARDING THE SPECIFICS OF THE TRANSACTION CONTRACT." Agora International Journal of Juridical Sciences 11, no. 2 (January 20, 2018): 63–67. http://dx.doi.org/10.15837/aijjs.v11i2.3162.
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Transaction contract was and continues to be widely applied in legal life. The present study discusses the matters which particularize this contract in legal life, by analyzing its definition, its legal characters, by emphasizing the specifics of the validity conditions and the effects it generates.
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Pardana, I. Nyoman Adi, Sihabudin Sihabudin, and Dhiana Puspitawati. "Implikasi Hukum Penggunaan Data Pribadi Pihak Ketiga Terhadap Keabsahan Perjanjian Pinjam Meminjam Uang Berbasis Teknologi Informasi." Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan 4, no. 2 (January 6, 2020): 341. http://dx.doi.org/10.17977/um019v4i2p341-351.
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This study focuses on discussing the validity of information technology-based loan contracts and the use of third party personal data for company activities in the event of default. This study uses a normative juridical method with a legislative approach and a case approach. Loan contracts use legitimate electronic transactions if there is a contract of the parties that bind themselves. An information technology-based loan contracts to borrow money using third party personal data without permission will not cancel the contract. A third party can apply to the court to cancel himself as a party involved in the agreement.
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Raeder, Sabine, Anette Wittekind, Alice Inauen, and Gudela Grote. "Testing a Psychological Contract Measure in a Swiss Employment Context." Swiss Journal of Psychology 68, no. 4 (January 2009): 177–88. http://dx.doi.org/10.1024/1421-0185.68.4.177.
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In this study, we validated a questionnaire measuring psychological contracts in a Swiss employment context. We argue that this measure sufficiently considers the characteristics of a stable employment situation and meets the criteria for the validity of psychological contract measures. The sample consisted of the employees of two firms and portfolio workers. An item and scale analysis was conducted and the dimensionality of the instrument was tested by means of confirmatory factor analyses. Finally, the instrument consists of three factors measuring employee expectations and employer inducements as well as two factors measuring employer expectations and employee contributions. Validity was evaluated by comparing groups with different employment status and by hierarchical regression analyses predicting intention to quit and performance.
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Kocowski, Tadeusz. "Brak decyzji uprawniającej a ważność umowy w działalności gospodarczej obszar zamówień publicznych." Przegląd Prawa i Administracji 114 (August 10, 2018): 533–46. http://dx.doi.org/10.19195/0137-1134.114.34.
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NON-POSSESSION OF THE REQUIRED DECISION AND VALIDITY OF THE CONTRACT IN ECONOMIC ACTIVITY SPHERE OF PUBLIC PROCUREMENTIn the case of public procurement, the non-possession of the required decision by the contractor by the law and the terms of the proceedings results in the exclusion of the contractor from the award procedure and rejection of its off er. In this case, the public contract is not concluded. Public procurement are contracts concluded in conditions where it is difficult to talk about the implementation of the principle of freedom of contract. It remains to be determined what effect would be caused by the lack, on the part of the contractor, of the empowerment decisions required by law, if the contract were concluded under conditions of freedom of contract.
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Qomar, Moh Nurul. "Mudharabah Sebagai Produk Pembiayaan Perbankan Syariah Perspektif Abdullah Saeed." MALIA: Journal of Islamic Banking and Finance 2, no. 2 (December 25, 2018): 201. http://dx.doi.org/10.21043/malia.v2i2.4890.
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<em>The aim of this research is to explore Abdullah Saeed's views on the practice of mudharabah contracts in Islamic banking. This research uses library research method and use a research to life history approach. Saeed's findings in the practice of mudharabah contracts in Islamic banking have constraints starting from capital, management, the validity period of contracts, guarantees, profit and loss principles that are different from the concept of mudharabah that develops in the science of fiqh. Abdullah Saeed concluded that the mudharabah contract in Islamic banks was different from the mudharabah contract that developed in the science of fiqh.</em>
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Yudhantaka, Lintang, Ghansham Anand, and Manik Katulistiwi. "The Perspective of Indonesian Law on E-Commerce: Validity, Liability and Dispute Settlement." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 07, no. 03 (December 2020): 334–52. http://dx.doi.org/10.22304/pjih.v7n3.a3.
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In the era of globalization, the fast development of technology enables people to complete almost all activities with technological assistance. One of the activities is commerce. Commercial activity by means of electronic media is called e-commerce. Like ordinary commerce, e-commerce requires contract to order rights and obligations of parties involving in transaction. This study aims to discuss and to elaborate legal construction of e-commerce in addition to the liability of merchant for any loss resulted. In practice, only few consumers fully understand contents of contract. Many of them experience losses either because of their negligence in understanding contract or the fraudulent actions of business actors. This study employed legal research method with conceptual and statute approach. The study reveals that e-commerce is a form of e-contract. In addition, e-commerce is constructed as sales and purchase agreement since it arranges subjects, objects, and primary obligations of the pertinent parties. On the subject of liability of merchants, they must be liable if they were revealed violating contract and taking their consumers into loss.
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Yudhantaka, Lintang, Ghansham Anand, and Manik Katulistiwi. "The Perspective of Indonesian Law on E-Commerce: Validity, Liability and Dispute Settlement." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 07, no. 03 (December 2020): 334–52. http://dx.doi.org/10.22304/pjih.v7n3.a3.
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In the era of globalization, the fast development of technology enables people to complete almost all activities with technological assistance. One of the activities is commerce. Commercial activity by means of electronic media is called e-commerce. Like ordinary commerce, e-commerce requires contract to order rights and obligations of parties involving in transaction. This study aims to discuss and to elaborate legal construction of e-commerce in addition to the liability of merchant for any loss resulted. In practice, only few consumers fully understand contents of contract. Many of them experience losses either because of their negligence in understanding contract or the fraudulent actions of business actors. This study employed legal research method with conceptual and statute approach. The study reveals that e-commerce is a form of e-contract. In addition, e-commerce is constructed as sales and purchase agreement since it arranges subjects, objects, and primary obligations of the pertinent parties. On the subject of liability of merchants, they must be liable if they were revealed violating contract and taking their consumers into loss.
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Zheng, Xu (Vivian), David A. Griffith, Ling Ge, and Uri Benoliel. "Effects of Contract Ambiguity in Interorganizational Governance." Journal of Marketing 84, no. 4 (March 11, 2020): 147–67. http://dx.doi.org/10.1177/0022242920910096.
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This work introduces the concept of contract ambiguity from the law literature into the interorganizational governance literature. Within the context of franchising, the authors present a three-study multimethod design empirically establishing the construct of contract ambiguity of franchisor obligations, providing new insights into the strategic design of contracts and their outcomes. In Study 1, the authors establish construct validity by demonstrating that contract ambiguity of franchisor obligations is distinct from contract specificity and contract completeness of franchisor obligations, with differential outcomes. In Studies 2 and 3, the authors demonstrate that contract ambiguity of franchisor obligations increases an interest-based (vs. a rights-based) conflict solving approach, implying greater cooperation and joint problem solving, and reduces franchisee-initiated litigation. The findings also indicate that while contract ambiguity of franchisor obligations decreases franchisee-initiated litigation, this effect is amplified by higher levels of franchisor training programs but mitigated by the presence of a franchisee association. The article closes with a discussion of implications for academics and practitioners.
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Herianto Sinaga, David, and I. Wayan Wiryawan. "KEABSAHAN KONTRAK ELEKTRONIK (E-CONTRACT) DALAM PERJANJIAN BISNIS." Kertha Semaya : Journal Ilmu Hukum 8, no. 9 (September 3, 2020): 1385. http://dx.doi.org/10.24843/ks.2020.v08.i09.p09.
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Tujuan penulisan jurnal ini untuk mengkaji pengaturan bentuk kontrak bisnis berdasarkan peraturan perudang-undangan atau peraturan internasional. Kontrak konvensional telah diyakini sah dan mengikat secara hukum karena pengaturannya yang sudah jelas dan lebih sering digunakan dalam perjanjian bisnis di Indonesia. Kontrak elektronik merupakan bentuk kontrak yang baru dan perlu dikaji lebih jauh untuk memberikan adukasi bagi masyrakat luas di Indonesia mengenai keabsahannya. Penggunaan metode dalam penulisan jurnal ini adalah metode penelitian hukum yuridis normatif untuk memecahkan masalah bentuk kontrak elektronik dan keabsahannya dikaji dari Burgerlijk WetBoek, Undang undang Informasi dan Transaksi Elektonik dan United Nation Commission Internasional Trade Law. Hasil studi menunjukkan kontrak elektronik adalah kontrak atau perjanjian yang yang dibuat para pihak melalui sistem elektonik. Peraturan perundang-undangan di Indonesia bahkan internasional tidak pernah menentukan bentuk bentuk kontrak dan format kontrak secara mutlak. Para pihak bebas menentukan bentuk kontrak yang disepakati namun tetap mengikuti semua syarat kontrak utama dan telah diatur oleh undang-undang yaitu adanya kesepakatan dari para pihak yang berkontrak. Kontrak elektronik berlaku sah dan mengikat sah secara hukum.
Conventional contracts are believed to be valid and legally binding due to clear arrangements and are more often used in business agreements in Indonesia. Electronic contracts are a new form of contract and need to be studied further to provide education for the wider community in Indonesia regarding its validity. The method used in writing this journal is a normative juridical legal research method to solve the problem of the form of electronic contracts and its validity is assessed from the Burgerlijk WetBoek, the Information and Electronic Transactions of Law and United Nation Commission Internasional Trade Law. The results of the discussion found that electronic contracts are contracts or agreements made by the parties through the electronic system. Indonesian legislative and even international regulations never determine the form of contract and contract format in absolute terms. The parties are free to determine the type of contract that is agreed upon but still follows the terms of the contract that are primarily and have been regulated by law, namely the agreement of the contracting parties. Electronic contracts are valid and legally binding.
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Pang, Qing Hua. "Three-Level Supply Chain Coordination with Revenue-Sharing Contract and Rebate-Penalty Contract." Applied Mechanics and Materials 44-47 (December 2010): 195–99. http://dx.doi.org/10.4028/www.scientific.net/amm.44-47.195.
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A supply chain is made up of independent entities having independent decision-making abilities, each intent on maximizing his benefits. The coordination of a three-level supply chain made up of one manufacturer, one distributor and one retailer is studied under the random demand. Firstly, the optimal order quantity is determined with the channel coordination of the supply chain; Secondly, the paper designs a combined contract (revenue-sharing contract & rebate-penalty contract, RS-RP contract) to coordinate the supply chain, namely, manufacturer offers distributor a revenue-sharing contract and distributor offers retailer a rebate-penalty contract. The paper validates that RS-RP contract can coordinate the three-level supply chain by choosing reasonable parameters. The reasonable choice of parameters can attain the win-win good among all business members, which will help to improve the decision-making capacity and competive ability of businesses involved in the supply chain, and the sizes of parameters in a reasonable range relate to the bargaining position of a business. Finally, the validity of the RS-RP contract is illustrated by a numerical example.
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Shalev, Gabriela. "Forty Years of Contract Law." Israel Law Review 24, no. 3-4 (1990): 657–73. http://dx.doi.org/10.1017/s0021223700010141.
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With the establishment of the State of Israel and the enactment of sec. 11 of the Law and Administration Ordinance, 1948, Israeli law absorbed the Mandatory law which had applied prior to independence. Israeli contract law of forty years ago was comprised of two main components: Ottoman law and English law.The component of Ottoman law consisted primarily of theMejelleand of the substantive provisions of the Ottoman Code of Civil Procedure. Some of the books of theMejelleregulated important contractual transactions, such as sale and lease. The Ottoman Code of Civil Procedure included provisions concerning compensation for damage, but the most important and significant provision was sec. 64, which established, in our law, the principle of freedom of contract. By virtue of this section, validity was conferred upon all contracts made in Israel, except those contrary to statutory law, to morality or to public order, and the power of the parties to a contract to contract out of the provisions of theMejellewas accorded recognition.
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Kullolli, Dr Brunela. "Confidentiality - A Two-Appeal Principle." European Journal of Social Sciences 1, no. 3 (November 29, 2018): 53. http://dx.doi.org/10.26417/ejss.v1i3.p53-60.
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This article analysis relates to the creation of conditions for the conclusion of the contract.This is the moment when the negotiating parties determine whether there will be a contract or not. This is the stage that in the best case is finalized with the contract signing.Known as the pre-contractual stage, it is considered as the foundation of the contractual relationship.Conduct in good faith at the stage of entering into a contract would also avoid causing potential damages and liability".- The first part gives , of Completion of the contract in good faith, is a legal requirement under the Civil Laë tradition, but unlike the requirement for pre-contractual trust, finds place in the Common Law tradition.In this part of the study, the detailed treatment of the manner of performance of the contract will be set aside, focusing mainly on the obligations that dictate its fulfillment in good faith and the liability incurred in the event of its absence . The second part is concentrated, Contract Interpretation. The third part will be treated as a brief and comparative overview of the common law of Civil Law in the interpretation of the contract, taking into account the main interpretative criteria, to underline the main differences between them. Among all the criteria, the focus will be on trust, which is sanctioned as a special criterion of interpretation by the Civil Law countries. The fourth part analysis the validity of the contract.In this last part of the chapter, I will try to clarify the confusion created between the rules of contract validity and the rules of conduct, as well as the role and impact of the breach of the trust principle in the validity of the contract. Conclusions .Regarding the situations that arise for the damage that comes to the parties from non-fulfillment of obligations and breach of the principle of good faith during the contract's formation, it is necessary to clarify how the type of damage that came during the pre-contractual phase and which interest has failed to realize one of the parties. In fact, this is a genuine duty of the court which, as the case may be, must specify exactly: the responsibility of the parties, the interest that has been violated, the type of damage that has been caused.Keywords: contract law ,internal law ,contractual relation,internal contract interpretation, civil law
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Jepsen, Denise M., and John J. Rodwell. "Lack of Symmetry in Employees' Perceptions of the Psychological Contract." Psychological Reports 110, no. 3 (June 2012): 820–38. http://dx.doi.org/10.2466/01.07.21.28.pr0.110.3.820-838.
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Despite debate on the nature of employees' perceptions of their psychological contract, little research has compared employees' and employers' sides of the psychological contract. All 80 items from both scales in the Psychological Contract Inventory were used in a survey of 436 currently working, non-student respondents. Structural equation modeling yielded nonsymmetrical perspectives on promises and obligations, highlighting the validity of approaching the issues via individual perceptions.
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Gama, Lauro. "Contract validity in the PICC (and their potential interplay with the CISG)." Uniform Law Review 22, no. 1 (March 2017): 72–97. http://dx.doi.org/10.1093/ulr/unx011.
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Jong Goo Lee. "A Study on Validity of Earnest Money Contract and Main Contract in the Stage of Nonpayment of Earnest Money." Dankook Law Riview 33, no. 1 (June 2009): 179–205. http://dx.doi.org/10.17252/dlr.2009.33.1.007.
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Yasmin, Munnie. "Legal Liability in Standard Form of Contract." International Research Journal of Engineering, IT & Scientific Research 2, no. 9 (September 3, 2016): 39. http://dx.doi.org/10.21744/irjeis.v2i9.233.
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The validity of standard form of contract is not necessary to be disputed. Standard form of contract has become a business necessity in relation to efficiency and effectiveness. The aspect of problems arising in the standard form of contract is the aspect of imbalance position of the parties. Standard form of contract is potential to be abused by parties having stronger bargaining power. One of the forms of the imbalence is the inclusion of exemption clauses which aims to limit or release the liability of one of the parties. Currently, the rules governing the exemption clause exists only in the Law No. 8 of 1999 on Consumer Protection (LCP). Article 18 of LCP governing the standard form of clause is limited to the extent of prohibited form and content, and only aimed at final consumer contracts. In reality, the standard form of clause is also found in commercial contracts which are not only on final consumers but also midst consumers. Based on this matter, it is necessary to elaborate the liabilities of the parties and state in drawing up standard form of contacts.
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Kusmayanti, Hazar, Djanuardi Djanuardi, Nurmeida Hadiyanti, and Deviana Yuanitasari. "LEGAL STATUS OF DOWRIES PROVISION BY THIRD PARTIES." Veritas et Justitia 5, no. 2 (December 27, 2019): 447–63. http://dx.doi.org/10.25123/vej.3343.
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This article discusses the issue of the legal validity of marriage contract in the case dowry is paid by a third party. Legal analysis will be performed on the legal principles and regulations found in The Law Number 1 Year 1974 on Marriage, The Compilation of Islamic Law and sources in Islamic Law . One important finding is does not forbid the payment of dowry by a third party and that this practice does not affect the validity of the marriage contract.
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Santoso, Budi. "Business Relationships between Corporations and Distributors: A Study of Petroleum Business Law in Indonesia." International Journal of Criminology and Sociology 10 (April 30, 2021): 709–15. http://dx.doi.org/10.6000/1929-4409.2021.10.84.
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The paper aims to analyze the business relationship in LPG (Liquefied Petroleum Gas) distribution and marketing in Indonesia as it has an important and strategic role for most Indonesian people. By using a juridical and empirical approach, the results showed that Pertamina is a state-owned company that assigns LPG duties to the end-user. To reaches the end-user needed by another intermediary, namely an agent. The legal relationship between Pertamina and the agent is stipulated in the agency contract. Form the theory side, it is necessary to research whether the agency contract is based on the basic principles of agency law or not. The incompatibility of an agency contract with the basic principles of agency law caused the contract not to have legal force. The contribution of this research is its examination of the legal validity of the agency contract of Pertamina with the agent and to provide a legal opinion from the agency theory side which should be the basis for making agency contracts.
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Putra, Fani Martiawan Kumara. "PAKSAAN EKONOMI DAN PENYALAHGUNAAN KEADAAN SEBAGAI BENTUK CACAT KEHENDAK DALAM PERKEMBANGAN HUKUM KONTRAK." Yuridika 30, no. 2 (August 23, 2017): 232. http://dx.doi.org/10.20473/ydk.v30i2.4658.
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In fulfillment of a contract, it must be based on good faith and based on the terms of validity of the contract that has been arranged in Burgerlijk Wetboek (BW). One of its requirements is agreed, this agreement apparently has a variety of important aspects, regarding the will. The will is an important part in the validity of a contract, when there is a defect of the will, then the contract would have to see the consequences. Defects of will shall include a compulsion, which lately appeared similar pattern type that called abuse of circumstaces and economic duress. Both of them are not set in BW. This situation is different from compulsion (dwang) in general, yet still have some similarities in their characteristics. Because it is still just a doctrine, then the solution requires prudence and foresight of the judges.
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Di Tella, Sebastian, and Yuliy Sannikov. "Optimal Asset Management Contracts With Hidden Savings." Econometrica 89, no. 3 (2021): 1099–139. http://dx.doi.org/10.3982/ecta14929.
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We characterize optimal asset management contracts in a classic portfolio‐investment setting. When the agent has access to hidden savings, his incentives to misbehave depend on his precautionary saving motive. The contract dynamically distorts the agent's access to capital to manipulate his precautionary saving motive and reduce incentives for misbehavior. We provide a sufficient condition for the validity of the first‐order approach, which holds in the optimal contract: global incentive compatibility is ensured if the agent's precautionary saving motive weakens after bad outcomes. We extend our results to incorporate market risk, hidden investment, and renegotiation.
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Uddin, Md Akther, and Abu Umar Faruq Ahmad. "Conventional futures: derivatives in Islamic law of contract." International Journal of Law and Management 62, no. 4 (May 4, 2020): 315–37. http://dx.doi.org/10.1108/ijlma-10-2017-0242.
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Purpose This paper aims to compare and contrast the concept of conventional futures contract from the Islamic law of contract perspectives. The underlying theory and practice of Islamic finance is based on the principles of Islamic law of contract. Although the necessity of derivative instruments such as the case with futures contract is essential for developments in Islamic finance, the permissibility of using these instruments still remains a debatable issue. Design/methodology/approach The paper discusses arguments for and against using derivative instruments as in futures, for example, in light with the Qur’an and Sunnah (the Prophet’s traditions), as well as the views of classical scholars, jurists and contemporary researchers. Arguments for and against are analysed systematically to derive a logical conclusion. Findings The study finds that majority scholars consider futures contracts as non-compliant with the Islamic law due to the fact that selling something that does not exist, deferment in the both counter values, gharar or ambiguity and excessive risk taking, pure speculation and sale of one debt for another. Research limitations/implications The study focuses narrowly on conventional futures contract. Analysing other financial derivative contracts could be a future research endeavour. Practical implications The study has so far found the verdict of impermissibility of conventional futures contract in its current form as has been argued by majority scholars in the premise that they do not comply with the Islamic law. Policymakers and industry practitioners need to take this opinion of majority scholars while developing new Islamic financial derivatives. Originality/value To the best of the author's knowledge, the present research is the first attempt so far that explained the validity of conventional futures by analysing arguments of classical and contemporary jurists, scholars and researchers.
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Biswas, Soumendu. "Behavioral and attitudinal outcomes of psychological contract violation." Journal of Management Development 35, no. 2 (March 7, 2016): 261–79. http://dx.doi.org/10.1108/jmd-05-2015-0082.
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Purpose – The purpose of this paper is to explore the interactive effects of psychological contract violation (PCV) and leader member exchange (LMX) on workplace behaviors and attitudes. Another purpose of this research was to contribute to the existing literature pertaining to PCV and organizational cynicism in the context of managerial employees working in India. Design/methodology/approach – Data were collected from 237 managerial-level employees and 156 of their immediate supervisors of seven organizations in India. A questionnaire comprising 36 items pertaining to the study constructs was administered. The reliability of the instrument was verified through item analyses. A confirmatory factor analysis (CFA) was conducted to establish the instrument’s construct validity. Study hypotheses were tested and competing models were compared using structural equation modeling (SEM) procedures. Findings – All scales were found to have acceptable reliability estimates. A CFA established that the manifest variables loaded significantly on their latent constructs and that the latter were empirically distinct. This established the scales’ construct validity. The results of the SEM procedures indicated that all study hypotheses could be accepted as statistically significant. Also, the moderator variable had a quasi-interactive impact on the criterion variables. Originality/value – This research is among the first of its kind to examine the variables of PCV and organizational cynicism among managerial employees working in India. It may also be one of the few meso-level investigations in extant literature examining the interaction between an individual (PCV) and a group (LMX) level variable and its impact on workplace behavior (organizational citizenship behavior) and attitudes (organizational cynicism).
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Dzhioeva, E. G., and N. M. Rybina. "Some Practical Aspects of Invalidity of Procedures for Determining the Supplier (Contractor, Provider) and State (Municipal) Contract." Rossijskoe pravosudie 11 (October 26, 2020): 32–40. http://dx.doi.org/10.37399/issn2072-909x.2020.11.32-40.
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The Federal statute аbout the contract system contains rules allowing invalidating the definition of a supplier (contractor, performer), as well as a contract. In the course of the civil law reform, significant changes were made to the rules on deal. In particular, a deal concluded in violation of the requirements of a law or other legal act became, as a general rule, disputed. The change in the legislator's approach to invalid deal naturally affected the courts application of invalidity rules to state and municipal contracts. In the same cases, contracts are considered both void and unquestionable. The authors set a task to analyze the practice of applying the rules on the invalidity of deals to state and municipal contracts, as well as the procedures for determining the supplier (contractor, provider) in order to identify existing trends and form the most objective approach when making decisions on the invalidity of contracts. The article concludes that state and municipal contracts can be challenged on most grounds, as well as the need to identify the feasibility and validity of applying invalidity as a way to protect the violated rights of subjects of the contract system.
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Ridwan, Ridwan. "Rekonstruksi Ijab dan Kabul dalam Transaksi Ekonomi Berbasis Online." Al-Manahij: Jurnal Kajian Hukum Islam 11, no. 2 (December 1, 2017): 175–88. http://dx.doi.org/10.24090/mnh.v11i2.1294.
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In Islamic law, the position of incentives in the economic transaction becomes a determinant factor for the validity of a contract. The technical and consent in the formulation of classical jurisprudence is done physically, marked by a meeting between the parties involved in a contract site. The communication technology revolution has spawned an online-based transaction model that is e-commerce, or e-marketing, through internet technology tools where the parties involved do not meet physically and the contract object cannot be handed over directly. This reality illustrates the existence of gap in the Islamic law theory with an empirical practice that requires a legal answer. This article proves that online-based economic transactions are legitimate contracts in the view of Islamic law based on legal analogy argument, i.e.to equate an online contract with an orderpurchase contract. The construction of consent in an online-based contract must be based on certain norms, namely clarity of specification of goods, means of payment and technicality, technical delivery of goods, terms of the contract cancellation and terms of dispute. These detailed and rigorous rules are an illustration of the importance of caution in conducting online transactions to avoid losses by adhering to the sadd al-zari>’ah method in order to close the possibility of emerging harmful.
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Ridwan, Ridwan. "REKONSTRUKSI IJAB DAN KABUL DALAM TRANSAKSI EKONOMI BERBASIS ONLINE." Al-Manahij 11, no. 2 (December 1, 2017): 175–88. http://dx.doi.org/10.24090/mnh.v11i2.2017.pp175-188.
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In Islamic law, the position of incentives in the economic transaction becomes a determinant factor for the validity of a contract. The technical and consent in the formulation of classical jurisprudence is done physically, marked by a meeting between the parties involved in a contract site. The communication technology revolution has spawned an online-based transaction model that is e-commerce, or e-marketing, through internet technology tools where the parties involved do not meet physically and the contract object cannot be handed over directly. This reality illustrates the existence of gap in the Islamic law theory with an empirical practice that requires a legal answer. This article proves that online-based economic transactions are legitimate contracts in the view of Islamic law based on legal analogy argument, i.e.to equate an online contract with an orderpurchase contract. The construction of consent in an online-based contract must be based on certain norms, namely clarity of specification of goods, means of payment and technicality, technical delivery of goods, terms of the contract cancellation and terms of dispute. These detailed and rigorous rules are an illustration of the importance of caution in conducting online transactions to avoid losses by adhering to the sadd al-zari>’ah method in order to close the possibility of emerging harmful.
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Dawood, Hayel Abdul Hafeez. "The Partnership of Beneficial Owner (Rabb al-Mal) with Managing Trustee (Mudarib) in Business." Journal of Social Sciences (COES&RJ-JSS) 9, no. 4 (October 1, 2020): 1397–430. http://dx.doi.org/10.25255/jss.2020.9.4.1397.1430.
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Passive partnership contract (mudarabah) occupies a prominent place in the jurisprudence of Islamic financial transactions, and Islamic jurisprudence has surrounded it with provisions, controls and conditions that guarantee its performance of its role. If some of these terms and conditions are violated, this may lead to invalidation of the mudarabah or its being corrupted. Among the conditions stipulated by jurists for the validity of Passive partnership contract is that the beneficial owner not to interfere in performance of its contract except in a manner that guarantees adherence to the controls and restrictions agreed upon by the owner of the money with the managing trustee, including that the owner of the money delivers the capital to the mudarib. This study aims to explain the rule of stipulating that the money owner be involved in performing the work, himself or his representative, as well as the rule of his participation in the work without stipulating that in the contract. The study concluded that it is permissible for the owner of the money or his representative to work with the mudarib, and that this does not affect the validity of the contract unless it leads to restricting the work and preventing the mudarib from disposing of Passive partnership contract.
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Ali bin Hussein Aidi, Ali bin Hussein Aidi. "Guarantees in Ṣukūk between Sharīʿah Objectives and Contract Conditions." journal of king Abdulaziz University Islamic Economics 32, no. 1 (January 11, 2019): 127–44. http://dx.doi.org/10.4197/islec.32-1.10.
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Guarantees offered for ṣukūk in Islamic finance have become a problematic issue of discussion. From the authors’ perspective, the issue should be approached from two aspects: one considering the required conditions for the validity of contracts and the other considering the Sharīʿah objectives. This research aims to emphasize the necessity of considering the objectives of contracts from a Sharīʿah perspective before judging their validity; particularly with regard to guaranteed ṣukūk. To achieve this goal, the research employs two methods: one descriptive and the other analytical as well as critical. The research has concluded that it is not permissible to stipulate holding the ṣukūk issuer liable neither for the ṣukūk nominal values nor for a predetermined amount of profit; that the idea of holding the ṣukūk issuer responsible based on considering him a joint muḍārib is not founded on solid evidence; that it is not permissible for the muḍārib, partner, or wakīl to be committed to give loan to ṣukūk holders when the actual return for ṣukūk is less than expected; that, in some of their applications, ṣukūk based on lease ending with ownership involve the impermissible ʿīnah transaction; that guarantees in ṣukūk contradict Sharīʿah rules when the issuer undertakes to purchase the ṣukūk assets at their nominal values at the end of the muḍārabah, mushārakah, or wakālah; and that the criteria to assess Islamic ṣukūk on the basis of Sharīʿah objectives can be divided into: criteria related to the motive, criteria related to the contract structure, and criteria for the outcomes of implementing the product.
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Thien, Le Nguyen Gia. "Arbitration agreement or service contract on dispute resolution." Science & Technology Development Journal - Economics - Law and Management 2, no. 1 (December 28, 2018): 58–65. http://dx.doi.org/10.32508/stdjelm.v2i1.502.
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Arbitration agreement plays a vital role in arbitral proceedings, because the absence of arbitration agreement will lead to the invalidity of arbitral proceedings. Firstly, arbitration agreement figures out the name and type of the arbitration mechanism, then it clarifies parties’ requirements relating to the arbitration procedure including substantive law for the merit, procedural law for the arbitration proceedings, language of arbitration, number of arbitrators in the tribunal, locality of arbitration etc. In its essence, arbitration agreement not only describes the parties’ autonomy but also serves as a service contract (service contract on dispute resolution), accordingly arbitration organ will supply service on dispute resolution for parties. Unlike normal service contracts, autonomies of parties in service contract on dispute resolution, which indicates that arbitration organ is the service supplier, are established in two divergent stages. In the event of specific circumstances, although arbitration agreement has validity, the arbitration organ can refuse to become a service supplier.
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Jamaludin, Ijang. "Hybrid Contract According to Sharia Economic Law." Journal of Economicate Studies 1, no. 1 (June 22, 2017): 45–56. http://dx.doi.org/10.32506/joes.v1i1.7.
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Sharia law is charged with guiding how to conduct economic activities in order to be safe and happy to the afterlife. Sharia economic activities especially in sharia financial institutions are increasingly varied following the global economic development, the innovation of Sharia Financial Institution products become a necessity. Single agreement as the core of a transaction is not able to accommodate the increasingly complex needs of transactions, the presence of hybrid contact as a transformation of the contract leads to the development of LKS on the one hand and generate a spicy criticism related to its validity on the other side. This paper through literature approach trying to analyze hybrid contact in terms of ijtihad methodology related to the theory used madhab Hanafi in view the legal consequences. The result that the Hybrid contract is al-mukharij min al-mazaiq / hilah as a way out as well as the benefit to avoid the practice of usury, and resulted in legal consequences as a contract.
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Ali, Moh, and Siska Hidayatur Rahma. "The Principle of Utilization of Rahn in Non-Cash Transaction of Gold at Islamic Banks." Lentera Hukum 6, no. 3 (December 31, 2019): 441. http://dx.doi.org/10.19184/ejlh.v6i3.9482.
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Non-cash transaction of gold is one type of service by Islamic banks. Non-cash transactions of gold using the contract as a binder between Islamic banks and customers. The contract consists of a murabahah and rahn contract; this contract is contained in a Proof of Ownership of Gold (SBKE). In the rahn contract, there is a stipulation that gold, which is the object of cash, is used as collateral for Islamic banks. This study aims to analyze the validity and suitability of the rahn contract and future conceptions of noncash transactions of gold trading using the principle of benefit. The results showed that the rahn contract on the non-cash transaction of gold cash did not meet the validity of the contract contained in Article 21 KHES (Compilation of Sharia Economic Law) because there were provisions that contradicted Article 18 paragraph (1) item h of Law Number 8 of 1998 about Consumer Protection. Rahn in the non-cash transaction of gold is generally the same as the pawn only in the non-cash transaction of gold; there is an initial transaction in the form of murabahah. The next conception regarding the sale and purchase of gold in cash is a guarantee used no longer in the form of gold, but in the form of proof of ownership of gold or gold certificate, this is based on the MUI DSN fatwa Number 68 / DSN-MUI / III / 2008 concerning (rahn) Tasjily.
Keywords: Non-cash Transaction of Gold, Rahn Contract, Principle of Utility
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Musawar, Musawar. "Pandangan Tuan Guru Lombok terhadap multi akad dalam muamalah maliyah kontemporer." IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan 16, no. 1 (June 1, 2016): 131. http://dx.doi.org/10.18326/ijtihad.v16i1.131-155.
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to; -webkit-text-stroke-width: 0px; ">The concept of Hybrid Contract or “Multi Akad” is an ijtiha>d of the scholars to address the development of human life, especially in mu‘a>malah aspect. It is understood as the merge of the two contracts ormore in a contract. Therefore, many modern transactions use it and even in the last decade the scholarsbegan to discuss about it’s validity. The conversation and debate about the validity of this HybridContract appears not without reason, because of numbers of prophetic traditions, showed literarilythat Hybrid Contract is forbidden in the transaction. Departing from that, this study answers three basicproblems: the first is “how the concept of “Hybrid Contract” in view of Tuan Guru Lombok”, whobecame a role model for peoples of Lombok, because of they are as religious and community leaders.The second question is how an argumentation that built by Tuan Guru about the “Multi Akad” inIslamic Law. While the third problem is how the typology Tuan Guru Lombok thought. This study isa qualitative research by maqas > id al-Shari } ’ah > and the sociology law approaches, and this study is made withthe method of interview to Tuan Guru who are determined by “purposive sampling” method, and sothis research is supported by document data in the form of books, magazines and more. This studyconcluds that Hybrid Contract concept in Tuan Guru Lombok view is a contract containing twocontracts or more in financial problems, both applicable in financial institutions shari>‘ah or no. Surely,the concept of Hybrid Contract is a way to elude from “usury”. Regarding to Multi Akad in Islamic Lawlike “Dana Talangan Haji” at financial institutions shari‘ah, > Tuan Guru responded it by two argumentations: so that they are divide to two group: rejecter and endorser. And they are divided into 2 (two)typology: textual and textual progressive, the textual group understood that Hybrid Contract is unlawful or forbidden according to prophetic traditions texts and it was interpreted textually. While progressive textual tends to allow, even though they can not separate them self from the text of the prophetictraditions, but they also consider the development of thought, life, and environment.