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Articles de revues sur le sujet « Comparative law of contracts »

Auteur : Grafiati

Publié le 7 juillet 2024

Mis à jour le 31 juillet 2025

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1

Rösler, Hannes. "Hardship in German Codified Private Law – In Comparative Perspective to English, French and International Contract Law." European Review of Private Law 15, Issue 4 (2007): 483–513. http://dx.doi.org/10.54648/erpl2007028.

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Abstract: This article analyzes the German, English and French law if and how contracts can be terminated or amended in response to unforeseen events. In addition, it describes the solutions in the UN Convention on Contracts for the International Sale of Goods (CISG), the Principles of European Contract Law (PECL) and the UNIDROIT Principles on International Commercial Contracts. The starting point of this article is German law with its doctrine of Störung der Geschäftsgrundlage established by the courts in the 1920’s and recently codified in § 313 BGB. The new provision requires a fundamental

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Mariana, Mariana, Amsanul Amri, Kheriah Kheriah, Bonita Izwany, and Nurul Kamaliah. "Comparative Study of Sales Contracts in Law." HEI EMA : Jurnal Riset Hukum, Ekonomi Islam, Ekonomi, Manajemen dan Akuntansi 4, no. 1 (2025): 67–78. https://doi.org/10.61393/heiema.v4i1.280.

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This study aims to analyze the differences between Islamic Law (Sharia) and Civil Law in the application of sales contracts, as well as the practical implementation of both legal systems in daily transactions. Islamic Law emphasizes moral and ethical aspects by ensuring transactions are free from prohibited elements such as riba, gharar, and maysir, while Civil Law focuses more on legality and the freedom of contract. This research employs a descriptive qualitative method with a normative juridical approach, examining legal provisions and the practice of sales contracts based on data from prim

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Urazbaevna, Tulepova Zulfiya. "THE COMPARATIVE ANALYSIS OF CONTRACTS AND DEALS IN THE CIVIL LAW OF UZBEKISTAN." American Journal Of Philological Sciences 03, no. 03 (2023): 39–42. http://dx.doi.org/10.37547/ajps/volume03issue03-07.

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The article deals with the concepts of contracts and deals in the Civil Code of the republic of Uzbekistan. Mainly, the research concerns the types of contracts and deals and citizens' rights and duties. In addition, the research is based on the comparative-legal analysis of contract and deals in the Civil Code of the republic of Uzbekistan. Therefore, the article presents similarities and differences between contracts and deals.

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Eller, Klaas Hendrik. "Comparative Genealogies of “Contract and Society”." German Law Journal 21, no. 7 (2020): 1393–410. http://dx.doi.org/10.1017/glj.2020.84.

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AbstractSince contracts form a basic institution of every legal order, the interdisciplinary orientation of concepts of contracts reveals socio-legal inclinations of a legal order more broadly. Contrasting the UK and US Common Law of contracts with developments under German law, this Article examines the relation between normative and social science approaches, notably rooted in economics, economic sociology, and social theory in the genealogy of contract law. A shared leitmotif over the 20th century has been the drive to account for the societal embeddedness of contract. However, conceptualiz

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Ong, Jason Pratama. "The Enforceability of Digital Contract: A Comparative Analysis on Indonesia and New Zealand Law." Lawpreneurship Journal 1, no. 1 (2021): 30–42. http://dx.doi.org/10.21632/tlj.1.1.30-42.

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The age of digitalization has impacted paper contracts as it is being replaced by digital contracts. Therefore, not understanding the different interpretation of digital contracts in both countries could result in a flawed contract. A flawed contract could make it difficult and confusing for the party concerned to meet their end which could lead to a breach of contract. The injured party would then demand damages, specific performance, cancellation, or restitution. This paper intends to provide a comparative analysis and explanation about the enforceability of digital contracts within the New

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Liçenji, Anjeza, and Vitiana Pitaku. "A Comparative Analysis of Donation Contract in Albanian and Italian Contract Law." European Journal of Economics, Law and Social Sciences 8, no. 2 (2024): 40–47. http://dx.doi.org/10.2478/ejels-2024-0008.

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Abstract The donation contract, as delineated in the Albanian Civil Code, symbolizes the altruistic and compassionate ethos upon which is founded. Its primary aim is to embody acts of generosity and selflessness, reflecting the donor’s relinquishment of ownership for the benefit of the recipient. The motivation behind entering this legal relationship is rooted in the donor’s desire to enhance the recipient’s assets, a sentiment essential for the contract’s efficacy. The transition in Albania’s political landscape has brought forth a new legislative ethos, prompting adaptations to legal provisi

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Štemberger Brizani, Katja. "Changed Circumstances and Concession Contracts: Slovenian Law in a Comparative Perspective." Anali Pravnog fakulteta u Beogradu 71, no. 4 (2023): 669–94. http://dx.doi.org/10.51204/anali_pfbu_23402a.

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In Slovenian law concession contracts are subject to both the public law and private law regime of changed circumstances. The former applies only to certain concession contracts, while others are subject to the general rules of the law of obligations. However, these rules are not adapted to features of concession contracts as they only give the affected party the right to request the rescission of the contract, but not its modification, unless otherwise agreed in the contract. This is not in line with the principle of continuity of public service and the protection of the public interest. In a

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Rasul, Zuber Mustafa. "The Law Applicable to the Electronic Medical Consultation Contract: (A Comparative Analytical Study)." Journal of Legal and Political Studies 11, no. 2 (2023): 165–88. https://doi.org/10.17656/jlps.10245.

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The subject of this study is the law that applies to contracts for electronic medical consultations which is one of the significant contemporary legal concerns relating to human physical safety. In view of the importance of medical advice and the need for it, especially at the present time, which is characterized by the presence and prevalence of different types of diseases, a new contract formula has emerged between the medical advisor on the one hand and the consultation seeker, on the other hand, the electronic medical consultation contract as one of the legal mechanisms to obtain the inten

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Shhadah Alhussein, Hussein, Zlatan Meskic, and Ahmad Al-Rushoud. "Sustainability and Challenges of Arbitration in Administrative Contracts: the Concept and Approach in Saudi and Comparative Law." Access to Justice in Eastern Europe 6, no. 5 (2023): 1–14. http://dx.doi.org/10.33327/ajee-18-6s004.

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Background. The arbitrability of administrative contracts contributes to sustainable dispute resolution within the United Nations’ Sustainable Development Goals 16 (SDG 16). However, different regulation of administrative contracts in comparative law affects the arbitrability of the disputes arising out of them. The question arises – is protection deserved if an administrative contract containing an arbitration clause concluded in violation of the administrative law of the governmental body or without a special approval is invalid, unenforceable, or if the company was unaware of such a require

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Herbots, Jacques. "Un aperçu du droit chinois des contrats." European Review of Private Law 18, Issue 5 (2010): 915–38. http://dx.doi.org/10.54648/erpl2010070.

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Abstract: This essay presents the current situation of Contract Law in the People’s Republic of China. First, it demonstrates why, before the end of the Qing Dynasty, no Chinese statute on contracts existed. It then sketches the introduction of a Civil Code in the Kuomintang period, as well as the situation in the first decades of the People’s Republic and the genesis of the Contract Act of 15 March 1999. This Act, in anticipation of a Civil Code, encompasses common Contract Law. It consists of two parts: the provisions on contractual obligations on the one hand and those on specific contracts

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Atiyah, Ghassan Adhab, Nazura Abdul Manap, and Ahmed Ismael Ibrahim. "LEGAL ISSUES FACED BY SMART CONTRACTS FROM THE PERSPECTIVE OF CONVENTIONAL CONTRACTS." UUM Journal of Legal Studies 16, no. 1 (2025): 34–53. https://doi.org/10.32890/uumjls2025.16.1.3.

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In the realm of law, technology is utilized to cope with the influx of smart contracts to replace traditional contracts that govern contractual dynamics. Smart contracts differ from traditional contracts as they rely on computer codes to fulfill the contractual obligations of the involved entities. This article discusses the current state of Iraqi contract law and assesses the feasibility of integrating Iraqi law to manage and implement smart contracts within the Iraqi legal system. The study employs a qualitative approach and adopts comparative doctrinal research to investigate current legal

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van Deventer, Sanmarie. "Problems relating to the formation of online contracts: A comparative perspective." South African Law Journal 139, no. 1 (2022): 32–77. http://dx.doi.org/10.47348/salj/v139/i1a2.

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The formation of online contracts has enjoyed considerable judicial and academic attention in American law. Generally, American courts are of the view that the rise of online contracts has not necessitated any changes to the fundamental principles of the law of contract, although commentators argue that the enforcement of online contracts has stretched the requirement of mutual assent beyond recognition. This article engages in a comparative evaluation of these arguments, as well as some proposals contained in the American Law Institute’s Draft Restatement of the Law, Consumer Contracts. Ultim

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Demark, Armando, and Josip Dešić. "PRIVIDNI UGOVORI IZMEĐU NIŠTETNOSTI I NEPOSTOJANJA." Pravni vjesnik 39, no. 3-4 (2023): 7–29. http://dx.doi.org/10.25234/pv/25648.

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In this paper, the authors discuss apparent contracts as regulated by Article 285 paragraph 1 of the Croatian Civil Obligations Act as a cause of either the nullity or the inexistence of the contract. In several recent decisions of the Supreme Court of the Republic of Croatia, one can notice the standpoint that apparent contracts are not null contracts, but inexistent contracts. The aforementioned standpoint resulted in the rejection of many claims for the determination of nullity of apparent contracts. Therefore, in the first part of the paper, the authors analyze the subject case-law, as wel

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Ali, Yunus. "Catering Contract of Restaurants in the English Law. A Comparative Analytical Study with Iraqi Civil Law." مجلة العلوم القانونية 37, no. 1 (2022): 1–46. http://dx.doi.org/10.35246/jols.v37i1.450.

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The Catering contract is considered as a type of hospitality contracts in the English common law of customary origins. Which is unwritten and based upon judicial precedents of the English courts. It is a complex contract of mixed nature، Is Regarded as a contract for the sale of meals of food and drink،, and is considered as a contract for supply of services concerning the preparation of food and drink، for providing them to the customer، as well as being a bailment contract. It is worth-bearing in mind that this contract is subject to the rules of three important English legislations: The Sal

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Kovac, Mitja. "Unilateral Cancellation of Contracts in French, English and Chinese Law." Global Journal of Comparative Law 3, no. 1 (2014): 1–33. http://dx.doi.org/10.1163/2211906x-00301001.

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This paper offers a comparative evaluation of the unilateral cancellation of contracts in French, English and Chinese contract law. The main propositions and conclusions are: (1) in principle, contracts should not be unilaterally cancellable by any contracting party; (2) with several preconditions, efficiency requires the unilateral cancellation of open-ended contracts to be permitted, as in fixed-term contracts where the right to unilateral cancellation is expressly provided for; (3) in order to deter opportunism, such cancellation should only be awarded if it is not due to socially harmful b

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Syawie, Afifah. "Studi Komparatif Hukum Positif dan Hukum Islam Terhadap Hybrid Contract Pada Bank Syariah." Al-Mazaahib: Jurnal Perbandingan Hukum 10, no. 1 (2022): 57. http://dx.doi.org/10.14421/al-mazaahib.v10i1.2495.

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This study discusses the comparative study of positive law and Islamic law on hybrid contracts in Islamic banks. The main problem is reviewing Positive and Islamic Laws on Hybrid Contracts in Islamic Banks. This article is a research library (Library Research). The data source for this article comes from the journals and books relevant to this discussion. The results of the research of this article indicate that a Multi contract or joint contract, or Hybrid Contract (al-'Uqud al-Murakkabah) is the application of two or more contracts in one transaction as a single transaction that is inseparab

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Luppi, Barbara, Francesco Parisi, and Marta Cenini. "Enforcing Bilateral Promises: A Comparative Law and Economics Perspective." European Review of Private Law 21, Issue 2 (2013): 423–50. http://dx.doi.org/10.54648/erpl2013022.

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Abstract: Parties often exchange promises of future performance with one another. Legal systems frame and regulate contracts involving the exchange of bilateral promises of future performance differently from one another. Two conceptual and practical questions often arise in these bilateral situations. Should a breaching promisor be allowed to force the performance of his non-breaching promisee? Should a breaching party be able to collect damages in a contract if his counterpart was also in breach? This article examines these interrelated questions from a comparative law and economics perspect

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Cannarsa, Michel. "Interpretation of Contracts and Smart Contracts: Smart Interpretation or Interpretation of Smart Contracts?" European Review of Private Law 26, Issue 6 (2018): 773–85. http://dx.doi.org/10.54648/erpl2018054.

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Abstract: The computer language (computer code) on the basis of which smart contracts are written is different from the natural (Human) language. Computer language is a ‘dry’ language, whereas natural language is ‘wet’. In other words, it means that computer language is deterministic (just one meaning and one result are conceivable), when natural language is open to more and potential different meanings. Natural language requires therefore in itself interpretation, at least more than computer language. Computer language in theory doesn’t require and possibly doesn’t leave room for interpretati

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Ubochioma, Wiseman. "Pre-incorporation contract: A comparative analysis of the Canadian and Nigerian corporate law regimes." Corporate Law and Governance Review 3, no. 1 (2021): 29–42. http://dx.doi.org/10.22495/clgrv3i1p3.

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The question of how best to protect the interests of a promoter, a third party, and a company in pre-incorporation contracts is one that seems to have defied corporate law. Although this problem has its origin in common law, various countries have made efforts to address it through statutory reforms. The paper, therefore, examines the extent to which the Canadian and Nigerian legal regimes for the pre-incorporation contract have provided panaceas to the problem. This paper, through a comparative analysis, argues that although the legal regimes have made efforts to reform the common law rule on

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Pedamon, Catherine. "Judicial Interpretation of Commercial Contracts in English and French Law: A Comparative Perspective." European Business Law Review 32, Issue 6 (2021): 1093–124. http://dx.doi.org/10.54648/eulr2021040.

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In this paper, I consider whether the recent overhaul of French contract law via ordonnance No 2016-131 of 10 February 2016 has changed the principles of judicial interpretation of commercial contracts, and how these compare with the principles in English law. One of the questions I ask is whether the traditional dichotomy between the French subjective approach and the English objective one has been altered now that the objective principle of interpretation has been incorporated in the Code civil. I explore how both jurisdictions deal with the main aspects of judicial interpretation, such as t

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Tatar, O. V. "EVOLUTION AND TRANSFORMATION OF INNOMINATE CONTRACTS THROUGH THE PRINCIPLE OF FREEDOM OF CONTRACT: A SYNTHESIS OF SCIENTIFIC WORKS." Вестник Пермского университета. Юридические науки, no. 1(55) (2022): 70–85. http://dx.doi.org/10.17072/1995-4190-2022-55-70-85.

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Introduction: the article deals with the evolution and transformation of innominate contracts through the principle of freedom of contract. Purpose: to conduct an in-depth and comprehensive analysis of innominate contracts, which emerged due to the principle of freedom of contract. Objectives: synthesis of scientific works in the field of civil law contracts; shaping the understanding of the concept, essence, significance, and need for transformation of the contract; determining the impact of the principle of freedom of contract on the modification of the contract, making it possible for the c

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Askari, Farideh. "A comparative look at the validity of contracts in German and Iranian law." International Journal of Advanced Research in Humanities and Law 1, no. 2 (2024): 116–24. http://dx.doi.org/10.63053/ijrel.19.

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A contract is a binding agreement that specifies the rights and obligations of the parties. Nowadays, due to the expansion of the volume of commercial exchanges, contracts have gained special importance in such a way that neglecting them causes economic, political and social chaos in the society. Therefore, the legislator supported the agreements between the parties and placed the principle on the authenticity of the contracts. Considering the importance of the subject, this article has discussed the validity of contracts in the legal systems of Iran and Germany by using the descriptive-analyt

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Tuzhilova-Ordanskaya, Elena M., and Yulia V. Atnabaeva. "AN INHERITANCE AND A LIFE ESTATE AGREEMENT: CORRELATION OF CONCEPTS." Law of succession 4 (December 19, 2018): 38–40. http://dx.doi.org/10.18572/2072-4179-2018-4-38-40.

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The article is devoted to the novelties of inheritance law, introduced by the Federal Law of July 19, 2018 N 217-FL. The article discusses the theoretical and practical aspects correlation of such legal categories as “the inheritance contract” and “the life estate agreement”. Based on a comparative analysis, conclusions are drawning up about the legal nature of such contracts. The question of classifying the inheritance contract and the life estate agreement to the category of risk contracts is also being considered.

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Garg, Anuj. "A Comparative Analysis of Contract Law in Common Law and Civil Law Jurisdictions." Indian Journal of Law 1, no. 1 (2023): 61–70. http://dx.doi.org/10.36676/ijl.2023-v1i1-08.

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Contract law's key tasks include the creation, interpretation, and enforcement of agreements between parties. As a result, contract law is seen as an essential component of all types of legal systems. However, due to the distinct historical, cultural, and judicial contexts of common law and civil law states, the development of contract law has taken a different path in each of these jurisdictions. A comparison is made between the core ideas, central concepts, and different approaches that are characteristic of contract law in common law and civil law regimes. the beginnings and development of

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

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

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An, Chu Thị Thanh. "Book Review: Contract Law in East Central Europe." Vietnamese Journal of Legal Sciences 8, no. 1 (2023): 110–14. http://dx.doi.org/10.2478/vjls-2023-0006.

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Abstract The book “Contract law in East Central Europe”, edited by Emőd Veress, is a part of a comparative legal project on a wide range of topics in the Central Europe. The book is devoted to the general rules on contracts in the jurisdictions of Croatia, Czech Republic, Hungary, Poland, Romania, Serbia, Slovakia, and Slovenia. This book is highly recommended to both academics and legal practitioners who are interested in comparative contract law.

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Kuznetsov, Matvey O. "Legal Regime of Smart Contracts in Russia, Germany and the USA: Comparative Analysis." Теория и практика общественного развития, no. 2 (February 28, 2024): 132–40. http://dx.doi.org/10.24158/tipor.2024.2.18.

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The article delves into a comparative study of the legal regime of smart contracts in Russia, Germany and the United States. In-depth analysis of the concept, normative support, technological and legal nature of smart-contracts is carried out, the areas of application of this tool in civil law transactions and other legal relations are highlighted. Significant conclusions were obtained. Firstly, in the legal systems under consideration there is still no unambiguous definition of a smart contract. Secondly, a smart contract is understood to a greater extent as a program code embedded in website

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Vavzhenchuk, Sergiy. "Obligatory and Property Contracts: Academic Chic or Intellectual Luxury?" Problems of legality, no. 168 (May 6, 2025): 26–38. https://doi.org/10.21564/2414-990x.168.318493.

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The article is devoted to clarifying the peculiarities of the model of obligatory and property contracts. The study of the legal model of property and obligatory contracts is primarily driven by the rapid reform processes of recodification of Ukraine's civil legislation. After all, the contract law of Ukraine requires the introduction of high-quality and balanced legal structures that will improve property circulation without excessive burden. The focus on obligatory and property contracts is driven by the convergence of private law in Ukraine and the EU, with Germany at the center. Considerat

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Aboelazm, Karem Sayed, Fady Tawakol, Emad Ibrahim, and Saad Ali Ramadan. "The Legal Framework for B.O.T. Contracts in Egypt and the United Arab Emirates." Journal of Lifestyle and SDGs Review 5, no. 2 (2024): e03286. https://doi.org/10.47172/2965-730x.sdgsreview.v5.n02.pe03286.

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Objective: This paper sheds light on the legal nature of B.O.T. contracts in light of the distinction between administrative contracts, private law contracts, and international investment contracts. The paper also provided an analysis of the B.O.T. contract and the different types of this type of public-private partnership contract. Theoretical Framework: The paper also aimed to analyze the legal frameworks regulating contracting with the B.O.T. system in Egypt and the United Arab Emirates. In addition, it will examine the constitutional framework for concession contracts in general and B.O.T.

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Alsharqawi, Ahmad Hussein, Nabeel Mahdi Althabhawi, and Haniff Ahamat. "Hardship in International Commercial Contracts: a Comparative Analysis of the Rules of Non-Legislative Codification." Journal of Lifestyle and SDGs Review 5, no. 3 (2025): e04125. https://doi.org/10.47172/2965-730x.sdgsreview.v5.n03.pe04125.

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Objectives: This study examines hardship in international commercial contracts through non-legislative codifications, specifically the UNIDROIT Principles (PICC), the Principles of European Contract Law (PECL), and the Draft Common Frame of Reference (DCFR). It evaluates their effectiveness in regulating contractual imbalances and providing remedies for changed circumstances. Theoretical Framework: The research is based on contract law principles, particularly pacta sunt servanda and clausula rebus sic stantibus. It explores hardship and force majeure doctrines and assesses the role of non-leg

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vakili, moghadam mohammad hosein. "A Comparative Study of the Basics and General Principles of Successive Contracts in Islamic Jurisprudence and Iranian and Western Law." Comparative Studies on Islamic and Western Law 9, no. 4 (2023): 303–30. https://doi.org/10.22091/csiw.2022.7486.2167.

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Legal agreements in time-dependent matters are made in the form of a <em>Successive Contract</em> that has a time-oriented function. Consistent with this description, these contracts have significant substantive and procedural distinctions which help an independent type of contracts emerge based on legal analyses and justifications. The Iranian Civil Code does not specify these contracts in particular; however, due to the prevalence of several instances of successive contracts as specific <em>and</em> the need to analyze their legal criteria, a comprehensive study of these contracts seems nece

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Ni, Jiahao. "Intelligent Contracts and the Principle of Contractual Freedom: A Classical Legal Examination in the Era of Emerging Technologies." Frontiers in Business, Economics and Management 14, no. 3 (2024): 5–9. http://dx.doi.org/10.54097/w0gxsm83.

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The development of smart contract technology has garnered widespread attention in the legal field. This study, rooted in the principle of contractual freedom, delves into the impact of smart contract technology on the expression of parties' free will and analyzes the challenges it poses to legal rules and practices. Through a comparative analysis of smart contracts and traditional contracts, this research reveals the advantages of smart contracts in terms of contract design, execution efficiency, and transparency. While smart contract technology brings innovative changes to contract law, it ne

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Nwafor, Ndubuisi, Uju Beatrice Obuka, Morning-Glory Nwafor, and Kingsley N. Edeh. "Frustration and Remedies Under the CISG, UNIDROIT Principles and English Law: A Comparative Review." Business Law Review 40, Issue 5 (2019): 194–202. http://dx.doi.org/10.54648/bula2019026.

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The doctrine of frustration is one of the most efficient risk sharing mechanisms in a commercial contract under the Contracts for the International Sale of Goods (CISG), Institute for the Unification of Private Law (UNIDROIT) Principles of International Commercial Contract and the English law. This article investigates and comparatively discusses the various remedies that can apply under a frustrated contract.

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Petrović Tomić, Nataša, and Mirjana Glintić. "The Hybridization of the Regulatory Framework of Insurance Contract Law: Elements of a New Setting." Anali Pravnog fakulteta u Beogradu 72, no. 2 (2024): 223–50. http://dx.doi.org/10.51204/anali_pfbu_24203a.

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This article aims to highlight the phenomenon of hybridization of insurance contract law, which started with its emancipation from contract law. The next phase included its internal stratification, stemming from obvious differences between commercial and consumer insurance, and various contractual positions of contracting parties in these different insurance contracts. Two features of insurance contracts regulation are addressed, based on Serbian law as it currently stands, as well as comparative legal analysis. The first feature is that the legislatively envisaged unified regime for insurance

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Lei, Zhuguang. "Application Of Smart Contracts Under the Framework of Contract Law Introduction." Journal of Education, Humanities and Social Sciences 35 (July 4, 2024): 226–33. http://dx.doi.org/10.54097/sqyn6968.

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This academic paper delves into the intricate legal dimensions of smart contracts within the context of traditional contract law, tracing the evolution of smart contracts, their intricate linkages with blockchain technology and ethereum, and their thriving applications in diverse fields such as finance and supply chain management. Using a combination of literature review and comparative analysis, this study not only highlights the multifaceted advantages offered by smart contracts, such as automated execution capabilities and greater security, but also provides insights into the legal challeng

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Атнабаева, Юлия Вилевна. "ON THE CLASSIFICATION OF RISK CONTRACTS AS SPECIAL CIVIL LAW STRUCTURES." Rule-of-law state: theory and practice 18, no. 3(69) (2022): 13–19. http://dx.doi.org/10.33184/pravgos-2022.3.2.

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The development of market relations is accompanied by an increase in the needs of participants in civil law relations for contractual forms that ensure the redistribution of risks. At the same time, the established list of legally enforceable contractual forms containing elements of a risk nature seems to be very flexible and does not meet the requirements of civil turnover. The main trend of reforming Russian civil legislation is the complication of both the system of risk contracts and their legal structure itself, in particular, new civil law constructions of risk contracts have emerged (a

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Alpa, Guido. "Future of Family Contracts, Comparative Law and European Law." European Business Law Review 21, Issue 1 (2010): 1–13. http://dx.doi.org/10.54648/eulr2010001.

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Jentsch, Valentin. "Government Responses on Corona and Contracts in Europe: A Compilation of Extraordinary Measures in Times of Crisis." European Business Law Review 32, Issue 6 (2021): 1067–91. http://dx.doi.org/10.54648/eulr2021039.

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In March 2020, the new coronavirus (Covid-19) outbreak, which was eventually declared a pandemic by the World Health Organization, changed everyday life all over Europe from one day to another. Under those extraordinary circumstances, a wide range of issues concerning the law of contracts are becoming particularly important. In the early stages of the pandemic, during lockdowns and a subsequent reopening of the economy, many European countries have implemented significant and unprecedented measures in response to the current crisis. Against this backdrop, the more fundamental question arises w

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de Elizalde, Francisco. "Should the Implied Term Concerning Quality Be Generalized? Present and Future of the Principle of Conformity in Europe." European Review of Private Law 25, Issue 1 (2017): 71–107. http://dx.doi.org/10.54648/erpl2017005.

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Abstract: One of the main inroads to the so-called Classic Contract Law has been made by implied terms imposing a certain quality on the subject matter of contracts, an outcome that has been achieved by resorting to a variety of legal sources and tools. Modernization and harmonization of European Contract Law, to this respect, has mainly focused on sales contracts (as an archetype to others), including the requirement of conformity in its terms. The article deals with the concept of conformity and assesses its profound implications to traditional notions of Contract Law. As in many European le

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Lebedeva, Ekaterina V. "Exclusion of a Personal Insurance Contract from the System of Public Contracts." Rossijskoe pravosudie, no. 1 (December 16, 2024): 56–61. https://doi.org/10.37399/issn2072-909x.2025.1.56-61.

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The article examines the concept and content of a public contract based on the positions of the legislator, the Supreme Court of the Russian Federation, and the Constitutional Court of the Russian Federation. The amendments introduced to exclude personal insurance contracts from the system of public contracts are criticized. The goals and objectives of the study are to identify legally defined approaches of the Supreme Court of the Russian Federation, the Constitutional Court of the Russian Federation, doctrinal positions regarding the classification (non-classification) of a personal insuranc

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Barrero, Julián Darío, Farid Nazzar Herrera, and Jonathan Karlo Martinez Ojeda. "Effectiveness of Electronic Contracts in Civil Law: Project Management." Journal of Ecohumanism 3, no. 5 (2025): 1720–28. https://doi.org/10.62754/joe.v3i5.6721.

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Digitalization has profoundly transformed legal relationships, and electronic contracts have established themselves as a key tool in contemporary contracting. This study analyzes the legal effectiveness of electronic contracts in the field of civil law, with special emphasis on the regulatory, technological, and practical challenges faced by parties when formalizing agreements in digital environments. Through a documentary review and comparative analysis of recent international regulations and doctrines, opportunities that strengthen legal certainty are identified, as well as gaps that require

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Varavenko, Victor Evgenyevich, and Valeriya Andreevna Ostroukhova. "Unilateral termination of construction contract: comparative analysis of civil Legislation and international contract forms." Право и политика, no. 2 (February 2021): 70–82. http://dx.doi.org/10.7256/2454-0706.2021.2.35113.

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The subject of this research is the similarities and differences between the contract forms developed by the international nongovernmental organizations for application in the sphere of investment construction activity (contracts terms for engineering, procurement, construction/ for turnkey projects, second edition of 2017, developed by the International Federation of Consulting Engineers (FIDIC), framework &ldquo;turnkey&rdquo; contract for large projects, first edition of 2007, developed by the International Chamber of Commerce (ICC)) and the norms of national civil legislation (Part

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Umar, Wahyudi, Sudirman Sudirman, and Rasmuddin Rasmuddin. "Artificial General Intelligence (AGI) and Its Implications For Contract Law." Indonesian Journal of Artificial Intelligence and Data Mining 6, no. 1 (2023): 116. http://dx.doi.org/10.24014/ijaidm.v6i1.24704.

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The development of artificial intelligence technology has presented AGI as an exciting future potential. In contract law, AGI can change the landscape of agreements and contract execution. The existence of AGI will raise various legal challenges and questions, such as whether AGI can be a legal party to a contract, whether AGI can execute contracts effectively, and how legal responsibility AGI is in contract execution. This study aims to analyze and identify the legal implications that may arise with the existence of AGI in the context of contract law. In this regard, the research will try to

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Emmamally, Zeenat. "Slapping down SLAPP suits in South Africa: The need for legislative protection and civil society action." South African Law Journal 139, no. 1 (2022): 1–31. http://dx.doi.org/10.47348/salj/v139/i1a1.

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The formation of online contracts has enjoyed considerable judicial and academic attention in American law. Generally, American courts are of the view that the rise of online contracts has not necessitated any changes to the fundamental principles of the law of contract, although commentators argue that the enforcement of online contracts has stretched the requirement of mutual assent beyond recognition. This article engages in a comparative evaluation of these arguments, as well as some proposals contained in the American Law Institute’s Draft Restatement of the Law, Consumer Contracts. Ultim

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Diana, Febrina Lubis, Yudha Hernoko Agus, Purba Hasim, and Harianto Dedi. "Comparison of Chinese and Indonesian Legal Cultures in Contract Making." Law and Humanities Quarterly Reviews 2, no. 3 (2023): 8–18. https://doi.org/10.31014/aior.1996.02.03.67.

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This article discusses the comparison of legal culture between the Chinese and Indonesian people in making contracts. A comparison of legal culture is carried out by comparing the legal culture of the Chinese and Indonesian people in complying with contract law based on the Chinese/Chinese Civil Code and Indonesian Civil Code as well as other related regulations in the field of contracting. Contract law in China is known as the Contract Law of the People's Republic of China, the people are called Chinese. However, on January 1, 2021, the Contract Law in China has been declared revoked and

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Sakowska, Katarzyna. "Umowy o zarządzanie w świetle transformacji gospodarczej w Polsce." Miscellanea Historico-Iuridica 23, no. 2 (2024): 185–203. https://doi.org/10.15290/mhi.2024.23.02.07.

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Management contracts are an exceptionally heterogeneous legal category – it is an example of a service contract, not stylized by the legislator in legal acts as a special type of contract, and at the same time there are direct solutions for the management of the enterprise in special laws. There is no single regulation, and therefore no legal definition, and at the same time the widespread use of management contracts in legal transactions causes many doubts to arise with regard to their various elements. The subject of the management contract is an object of interest for representatives of man

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

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

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Viven-Wilksch, Jessica. "The importance of being relational: comparative reflections on relational contracts in Australia and the United Kingdom." Northern Ireland Legal Quarterly 73, AD2 (2022): 94–124. http://dx.doi.org/10.53386/nilq.v73iad2.963.

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The notion of the relational contract, previously limited to academic circles, is now being articulated by some courts. The consequences are threefold. Firstly, these judicial decisions are challenging the conception of agreements in the common law. Secondly, these decisions acknowledge the particularity of some long-term commercial relationships and shift the spotlight onto the relations of the parties. Thirdly, they are being used to integrate obligations to act in good faith. This article will show how these decisions implement the developing theory of relational contracts. The article will

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Viven-Wilksch, Jessica. "The importance of being relational: comparative reflections on relational contracts in Australia and the United Kingdom." Northern Ireland Legal Quarterly 74, no. 3 (2023): 528–58. http://dx.doi.org/10.53386/nilq.v74i3.1119.

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The notion of the relational contract, previously limited to academic circles, is now being articulated by some courts. The consequences are threefold. Firstly, these judicial decisions are challenging the conception of agreements in the common law. Secondly, these decisions acknowledge the particularity of some long-term commercial relationships and shift the spotlight onto the relations of the parties. Thirdly, they are being used to integrate obligations to act in good faith. This article will show how these decisions implement the developing theory of relational contracts. The article will

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Azab, Rania S. "Interpreting digital licensing contracts between a metaphorical and functional direction: A comparative analytical study." International Journal of ADVANCED AND APPLIED SCIENCES 8, no. 8 (2021): 103–12. http://dx.doi.org/10.21833/ijaas.2021.08.013.

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This study seeks to clarify the importance of explaining the type of digital license contracts to see if it can continue subjecting them to the metaphorical direction that adopts the direction of applying the traditional rules to this types of contract or must it be subject to the functional direction that adopts the necessity of establishing independent legal rules in the theory of contracts in Egypt. The problem of the user not reading the contract terms is still there. Although consumers do not read the terms of digital licensing contracts, some jurisprudence in the US often insist that it

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