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Text and data mining (TDM) is a process, typically automated, that looks for patterns in data that may otherwise remain unnoticed. In a world where data driven solutions play a progressively more important role, TDM has become a vital tool in sectors ranging from medicine, to commerce, gaining widespread attraction. Nevertheless, a variety of regulatory frameworks not always specifically attuned towards regulating TDM continue to apply concurrently. The literature within the context of regulatory frameworks governing TDM is a fragmented piecemeal of valuable insights into what “lawful” TDM resembles. This literature review adopts a grounded theory approach analysing 88 pieces of literature, collating views regarding “lawful” TDM, ultimately providing a holistic assessment of academics’ and practitioners’ views and opinions regarding the regulatory framework which governs TDM. A total of 7 categories were identified and each of these are analysed. Tables are provided in the Appendix (accessible here: https://doi.org/10.5281/zenodo.12654691)highlighting which scholarly works were used for each section of the literature review, but also how those works were used. It is ultimately concluded that the regulatory frameworks that apply to users conducting TDM are multifaceted, and ever-changing on a case-by-case basis. There is an ever-growing need for a holistic interpretation of the regulatory frameworks which apply, creating a map which would allow for users conducting TDM to navigate this complex web of legal rules.

The emergence of the internet coupled with the rapid development in digital technology has revolutionalised the way things are done, including the economic activities of businesses and consumers. The ease and convenience offered via the electronic commerce platform has become a major motivation for its increasing use rather than visits to physical stores or places of business. Amidst the comfort, wider array of products and time saving benefits available to consumers in the digital marketplace, consumers are confronted with complex problems and challenges that offline consumers who interact with sellers’ face to face do not experience. Although there is subsisting legislation that regulates online transactions and agreement in South Africa, this seems to be inadequate to address the adverse situations consumers are exposed to while contracting electronically. This paper discusses the common forms of online contracts and the concomitant legal challenges affecting consumers while concluding contracts online in the South African context. Questions such as ‘which country’s law will apply on online contracts in cross-border contracts’ are some of the pertinent issues without clear cut answers. Divided into four parts, the first part deals with the legal principles regulating online contracts, part two tackles the validity of online contracts, part three deals with the legal challenges consumers face in online contracts in South Africa and the last part is the conclusion. The authors hope that this contribution would help stimulate the debate about online contracts with hopes of bringing the much-needed contractual certainty in this area of the law.

The censorship of artists on social media impacts their freedom of expression and their ability to monetize and engage with their audiences. Furthermore, this fosters a process of cultural standardization. Several legal arguments have been raised against art censorship in social media platforms, mainly based on public law, however, they are not effective in all jurisdictions, as demonstrated by U.S. case law. The purpose of this paper is to shift the spotlight and provide solutions from a private law perspective, specifically from contract law. The main argument here is that courts should abandon their traditional bilateral/vertical approach and embrace a more nuanced one that better reflects the complexity of the relationships taking place in social media. This would give those affected access to concrete contractual remedies and allow for greater control over the content moderation process.

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 contracts is incomplete and inadequate for all manifestations of this contract. The second feature is that regulation of this matter must enable balancing of interests between insurers and insureds, especially consumers. The authors conclude that insurance regulation can only be conducive when simultaneously ensuring protection of the weaker party, protecting insurers from the negligent actions of the insured, while facilitating conduct of insurance business.

This article explores the meaning of minor jurisprudence in the work of leading authors on the subject and concludes that the notion of becoming plays a major part in the philosophy of minor jurisprudence as a subtraction from or subversion of the major. The article then connects the preoccupation with becoming in minor jurisprudence to the notion of the hysteric's discourse in the work of Jacques Lacan, after which it moves to a consideration of Froneman, J's minority judgment in the Beadica case. The article suggests that Froneman's minor jurisprudence becomes in three modes: reliance on historical minor jurisprudences, deconstruction and imagination from the margins. As such, this becoming is an instance of hysterical discourse in Lacan's sense of the term.

Objective: due to the rapid technological changes, digital economy and contractual relations determine law transformation and legislation development towards adaptation to prospective spreading and application of smart contracts in civil and commercial turnover. In this regard, the study focuses on determining the legal essence of smart contracts as a fundamental step towards the development of their timely and clear regulation.Methods: the research is based on the methodology of formal-legal and comparative legal analysis. It compares the current Bulgarian legislation with supranational legal sources and identifies the characteristic features of smart contracts as demanded instruments necessary for modern law and economy. The article also compares them with the classical understanding of contracts, making it possible to understand and define the nature of smart contracts more accurately.Results: it was determined that a smart contract is a software code in which the parties predetermine conditions under which the contractual relationship between them is created, modified and terminated. The research proved that the contract execution does not depend on the action or inaction of its parties, but rather on the occurrence of a predetermined condition (a certain fact relevant to the parties) under which the contract must self-execute. It was substantiated that the will of the parties cannot be changed or replaced because of the special way in which the smart contract is recorded in a distributed ledger. It is found that the fundamental problem of transferring the will from the legal language to the program code of the smart contract persists: if the will of the parties is incorrectly transferred to the program code, the smart contract may self-execute, but its execution will not be the result that the parties counted on.Scientific novelty: the analysis made it possible to compare the current national (Bulgarian) legislation and supranational (European) law. It revealed the vagueness of smart contracts regulation, both at the national and international level, and identified a number of issues in need of scientific and legal interpretation, which refer to the legal nature of smart contracts in view of the self-executing program code concept.Practical significance: the study can serve as a basis for further development of legislation towards its adaptation to the prospects of smart contracts spreading and application in civil and commercial turnover. It also allows an in-depth analysis of the smart contracts practice referring to such unsolved problems as accurate transference of the parties' will to the program code (translation of specific terms from the legal language into the smart contract program code), electronic identification of subjects - parties to the transaction and many other issues.

The system of civil contracts in the Russian Federation is of great importance for practice and is the subject of many years of detailed study of Russian legal science. The classification of contracts in civil law still causes controversy and debate among scientists, and so far no one has been able to propose a universal classification. The situation with the classification of contracts in the trade turnover of the Russian Federation is also difficult. Even the identification of such a category and this name raises questions and creates various opposing points of view among scientists. Indeed, in any textbook on corporate and trade law of the Russian Federation it is very difficult to find the term agreement in trade turnover, as well as to distinguish the types of such agreements. More and more often we come across concepts such as a commercial agreement or a trade agreement, however, such concepts should not be fully identified, although they have similar features. Perhaps there cannot be a uniform and accurate classification due to the fact that contract law is a very dynamically developing industry, which is constantly changing from a practical point of view, and practice, as we know, acts and does not think about fitting into the usual format, theories and classifications. In this article, a team of authors provides a unique systematization of the types of contracts used in trade turnover on the territory of the Russian Federation, analyzes and characterizes and assesses the relevance of various forms of concluding commercial contracts, and also highlights the prospects for the development of national contract law, which functions and is the most important component of trade turnover.

The paper summarizes results of a comparison of unfair clause legislation in the Central and Eastern European countries. In the introductory part, the development of the regulation of unfair terms, the sources of inspiration as well as the different approaches in traditional civil law countries are described. Subsequently, the regulations in the Czech Republic, Slovakia, Hungary, Poland, Romania, Slovenia, Serbia and Croatia are compared. The contemporary regulation is based on the minimum standards of the Council Directive 93/13/EEC of 5 April 1993 on Unfair Terms in Consumer Contracts. Nevertheless, the scope of protection varies in its effects in particular states (e.g. scope of applicability, nature and number of prohibited clauses). The increasing importance of public authority in enforcement is evident. In the countries compared, protection against unfair terms is not limited only to consumer contracts, but it applies in different extent to some others as well.

This research aims to determine the role of notary on creating Deed of Binding Sale and Purchase Agreement (PPJB) dan power of attorney to sell, it also analyze the validity of deeds that are made not based on the will of the party involved. This research uses the approach of case study and library research, which involves examining and colleting sources from journals, books and internet. The results of this research indicate that notary play an important role in creating authentic deeds, among the things that a notary must do is to provide legal counseling and act faithfully, honestly, diligently, independently, impartially, and to protect the interest of the parties involed, which stated on Article 15 Paragraph (2) letter (e) and Article 16 Paragraph (1) letter (a) of Law Number 2 Year 2014 concerning Amandments of Law Number 30 Year 2004 concerning Notary Position. The conclusion is that a deed that are made not based on the will of the parties, contain an elements of circumstances abuse (misbruik van omstandigheden), doesn’t meet the requirements as stated in Article 1320 and Article 1338 of the Civil Code can be invalidated in the court if it is proven to contain unlawful act.

The origin and subsequent development of the principle of equal consideration in contract law are closely related to the rules on just price. This paper traces the evolution of the just price concept from antiquity, including the principles of Roman law, medieval interpretations, and its application in canon law, to the first codifications in the 19th and 20th centuries. We will demonstrate how the understanding of just price has changed, under what conditions it should be applied, whether it should be legislatively regulated and to what extent, and how this legal institution illustrates and safeguards the principle of equal consideration in contract law. Furthermore, we will consider the entanglement of this institution with the institution of laesio enormis, whose evolution has significantly influenced the formation of the just price concept as we know it today.

Introduction. The article is devoted to studying the legal nature of conclusive contracts. Having experienced the first attempts at legal regulation in Roman law, conclusive contracts have undergone an evolutionary path to today's understanding. Case law and legal doctrine demonstrate the urgent need for a detailed definition and application of conclusive contract rules. The development of international relations and integration processes actualise the practicality of a detailed analysis of the legal nature of concluding contracts. Summary. First, there is an urgent need to establish in detail the definition and rules of application of concluding agreements. Today, conclusive contracts are widely used: buying goods or exchanging currency through vending machines, purchasing goods in self-service stores, paying for public transport through terminals, giving gifts through the transfer of a symbol (for example, car keys), paying for services without signing the corresponding act of services rendered, etc. Conclusive contracts are based on the performance of conclusive actions, which are not a form of contract, but a way of expressing a will for contracts concluded in verbal form. Conclusive actions themselves can be performed by performing actions or speaking words. In any case, conclusive actions are an active form of expression of will, unlike silence. The legal nature of conclusive contracts is based on a cause-and-effect relationship between actions and consequences. The point is the impossibility of denying the result of one's actions if they were done consciously and freely. Conclusions. In the study, the author notes that conclusive are contracts in which a person's will to agree is embodied by performing conclusive actions. It is also proven that the legal nature of conclusive contracts is based on the principles of Roman law and characterises them as a way of the will expressed in verbal contracts. In some cases, conclusive contracts can be concluded by speaking words and not just by doing actions.

The main objective of this paper is to build a diagnosis of the current state of the local legal reality (Monteria and the department of Cordoba) regarding consumer law (identification of the most urgent and complex problems and the type of solutions they are currently subject to) in order to define lines of work in strategic litigation. Thus, the methodology used was to observe and analyze the repeated consultations to the Consumers League UPB Monteria of users’ victims of impersonation (2019 to 2021), giving rise to this article in which a study is conducted ranging from the conceptual examination of the protection of personal data, the contractual modality used and impersonation, to the analysis of all related rules. The main findings allow identifying situations in which, due to the improper handling of the personal information of the subscribers of a contract that is generally of adhesion, they have been exposed to indiscriminate or improper use by malicious third parties without giving full compliance with the duties of protection and implementation of security protocols by the companies to ensure the proper custody of personal data, which in practice leaves the consumer exposed to various risks regarding the use of their personal information.

The paper revealed that the contract law at the conceptual level is substantially similar in common law, civil law and Sharīah to the extent that the writers of Islamic law of contract do not explore, especially in the area of remedies for anticipatory breach of contractual obligations, beyond the boundaries of common law and civil law systems. However, the differences can be found in the application of the remedies. Thus, this paper suggests a method which can be employed to harmonise the area of divergence among these systems of law. Similarly, in the aspect of remedies for breach of contractual obligations, the research recommends that, in a scenario whereby damages are the only remedy to remedy anticipatory breach of contractual obligations, it should be on the ground of non-commitment of the breaker and not on the ground of expectation interest of performing party. The qualitative research methodology is utilised and the data gathered from the valuable literature of the Muslim and western writers were employed to accomplish the study.

Europe’s aggravating housing crisis lies in the blind spots of law. While central in constructing housing both as a home and as an asset, law bears the task of mediating between housing’s multiple – social, economic, and cultural – dimensions. However, inner-legal fragmentation and a legal imaginary of property, the nation state, and its welfare system have depoliticized, deflected and rendered inaccessible the ‘housing question’. Turning to tenancy contract law in particular, this article argues that the ‘social’ orientation of this early example of a ‘materialised’ field of contract law is not only ill-suited to reflect the recent structural shifts in the housing market brought about through financialisation. Tenancy contract law has effectively taken a conservative drift by claiming to adequately administer the bilateral landlord–tenant relation while being insensitive to macro-level developments. Tenancy contract law reindividualises tenant responsibility in the eye of hardships whose roots lie outside the contractual sphere and thereby furthers, rather than curtails, neoliberal housing policies. As a reaction, the article proposes political economy as a conceptual vantage point from which to develop a ‘holistic housing law’. Such a perspective combines a concern for democratic and collective agency with careful attention to law’s tacit and technical role in shaping the flow of finance and the techniques of landlords’ governmentality. Part of this is a ‘transformative tenancy law’, to be reformulated to protect not against landlord bargaining power in the first place but against a hegemonic and expansive market rationality that structurally corrupts the social and material meaning of housing.

This comment aims to show how Klaus Eller's paper on ‘The Political Economy of Tenancy Contract Law’1 raises the stakes of private law scholarship and contributes to the larger project of remodeling legal institutions in a progressive direction. The comment starts by contextualising the rapid spread of the Law and Political Economy (LPE) movement; illustrates through examples the generative impact of LPE on contemporary contracts scholarship; and highlights two strands of Eller’s original contribution to such literature: a welcome reflection on the value and limits of Materialisierung, and a radical widening of the private law inquiry to include institutional dimensions of legal reform. The point of fostering such new directions is not to ditch the very logic of private law and its endogenous mechanisms of justice, which are still essential to progressive legal work. What is no longer tenable is to keep seeking socially oriented solutions exclusively within the private law arsenal of possibilities, even when it has become obvious that only a synergic approach can produce accurate diagnoses of – and perhaps cures for – the structural predicaments of the market economy.

Today, social networks play an important role in the development of various occupations. To this end, employers hire employees who are familiar with the field to promote their products in cyberspace by opening an account in these networks. Basically, after the termination of the employment relationship, according to the financial value of the accounts, there is a dispute over various issues, including the issue of the owner of the account. The main question is who is the owner of the account? The laws of different countries, such as Iran and the United States, are neutral on this issue which has added to the complexity of the issue. However, to solve this challenge, various approaches have been proposed by thinkers, which are: Trade secret approach, contract law, intellectual property rights and finally the right of publicity. These approaches have all been developed in the context of American law. In recent years, most cases conflict with the ownership of the account when they refer to the courts. In Iranian legal literature, this issue has been less discussed. According to the Western legal literature, In the present article an attempt is made to examine the issue of ownership of accounts in social networks in a descriptive-analytical manner. In this way, two theories of “will” and then “labor” will be introduced as tools to identify the account holder in the Iranian legal system. In order to determine the main owner of the account, the judge should examine the explicit or implicit will of the employees and employers based on these theories. In the next step, the judge can refer to the custom; and finally, it is possible to determine the owner based on the labor theory; That is, a person who has caused the prosperity of the financial value of the account. Also, if none of the methods help, the last way is to rule on the joint ownership of the disputing parties.

Intellectual property rights (IPR) management needs to evolve in a digital world where not only companies but also many independent content creators contribute to our culture with their art, music, and videos. In this respect, blockchain has recently emerged as a promising infrastructure, providing a trustworthy and immutable environment through the use of smart contracts, which may enable more agile management of digital rights and streamline royalty payments. However, no widespread consensus has been reached on the ability of this technology to adequately manage and transfer IPR. This paper presents an innovative approach to digital rights management developed within the scope of an international research endeavour co-financed by the European Commission named MediaVerse. The approach proposes the combined usage of smart legal contracts and blockchain smart contracts to take care of the legally binding contractual aspects of IPR and, at the same time, the need for notarization, rights transfer, and royalty payments. The work being conducted represents a contribution to advancing the current literature on IPR management that may lead to an improved and fairer monetization process for content creators as a means of individual empowerment.

The development of the current era is very rapid along with technology. In the field of contract law, there is a term of electronic contract. The purpose of this research is the effectiveness of the implementation of legality and optimization of electronic contract arrangements based on positive law provisions. The research method used in this study includes normative juridical legal research. Also used statute approach method and conceptual approach. This study uses secondary data which consists of legal materials used in primary legal materials in the form of applicable laws and regulations, secondary legal materials, and tertiary legal materials. This study uses a descriptive qualitative analysis technique. The legal basis governing electronic contracts in Indonesia is the Electronic Information and Transaction Law, Government Regulation Number 24 of 2018, Government Regulation Number 71 of 2019, and Government Regulation Number 80 of 2019. The implementation of electronic contract has not yet been implemented to achieve legal objective for the parties and the application of the validity of electronic contracts is still lacking on several sides.

The „Covid-19” pandemic was a determining, catalytic factor in accelerating economic and social processes. The syncope generated by the pandemic in society has introduced new elements of „artificial intelligence” and „reasoned reality” in the economy of commercial insurance. Insurance Economics and Commercial Insurance Law, registers a series of changes in substance and form in relation to the completion of the documents for concluding and executing the insurance contract. The changes, generated by the obligation to physically distance and quarantine people, have made it impossible for potential policyholders, in some cases, to sign insurance offers received from insurance companies. An important legal aspect is given by the assumption of the insurance contract based on the electronic communication of the insurance application, of the insurance offer with or without certified and qualified electronic signature in digital format. This situation is not a procedure now regulated in the Civil Code, but it is a procedure imposed by insurers and accepted by policyholders. We will try to open a window to debate the issue in which people involved as legal specialists, people employed by regulators to find regulatory solutions.

Due to the Covid-19 pandemic, mass tort funds are becoming increasingly important as a form of compensation for civil liability. This quick and easy access solution must be duly regulated to preserve the general and specific aspects of the application of this figure. For this reason, this article focuses on the analysis of mass tort funds for their possible effectiveness in responding to the damage caused by the Covid-19 pandemic to fill the gaps in civil liability through a conceptual, doctrinal, and normative study. What is important is that they do not become tools for escaping liability. Keywords: civil law, civil liability, legal status, contract law, agreements.

The novel coronavirus (Covid-19) pandemic has resulted in the disruption of activities in major centres of global production, with adverse portents for contractual obligations across global supply chains. The global pervasiveness and dynamic propagation of the risks arising from contractual failures provides an opportunity to reconsider the nature and impact of mechanisms for excusing failure to perform contractual obligations under adverse circumstances (Excuse). Such mechanisms include those found in the general law (for example, frustration in common law and analogous doctrines in civil law traditions) and contractual clauses (for example, Force Majeure and hardship clauses). Establishing extant rights and obligations under current contracts may provide only limited illumination on how parties will address these failures. Principles in economics of contract (e.g. incomplete contract and transaction cost theories) and the commercial reality of global supply chains both suggest that parties tend to lean towards contract- and relationship-saving adjustments, rather than strict enforcement of rights. Therefore, this article analyses the doctrinal and contractual regimes of Excuse with a view to assessing their respective scopes for transaction and relationship saving. It also highlights the peculiar nature of supply chain relationships wherein exchange partners enter into a sequence of dyadic relationships aimed at delivering a good or service to the end user. The tension between that operational logic and the legal principle of privity of contract makes these relationships – undergirded as they are by what we call “operationally-linked (but) legally separate” (O.L.L.S.) contracts – peculiarly vulnerable to mismatches in their Excuse regimes. Mismatches occur where failure to perform a determinant contract is more easily or much earlier excusable than in a dependent contract within the same chain operation. This may, in turn, exacerbate risks of supply chain disruptions in a pandemic scenario. The article designs a framework by which the doctrine-contract complex in the regimes may be used to test the dynamic scenarios of a global pandemic for the purpose of scanning for such mismatches. This framework will be useful in both post-event circumstances, as parties embark on relationship-saving negotiations, and in designing ex ante risk management measures. Through the understanding of the peculiarity of supply chain relationships and the O.L.L.S. contracts, this article also proposes to open up new directions in which the insights therefrom might be useful. An example suggested and prefatorily explored in this article is in the “governance beyond privity” conundrum in the context of supply chain disruption. Another is its potential contribution to the emerging multifactorial approach to determining frustration of contract in some common law courts.

The research, based on the examination of the traditional orientation established in the Canal de Craponne arrêt, traces the evolution of the French system concerning the institution of imprévision. We know, art. 1195 of the reformed civil code, highlighting critical issues especially regarding judge discretion.

The purpose of this paper is to prove the importance of legal and economic spheres for the realization of justice according to the Amartya Sen’s Theory of Justice. In the most stable democratic societies, the legal system is an indispensable reference and demonstrates the strength of the population’s political values and convictions in relation to the social organization at present and in subsequent periods. Empirical data and two laws that contribute to the social equity, participation, exercise of freedom and the overcoming of inequalities in Brazil are presented. The Amartya Sen’s contribution is relevant in the world for the recovery, updating and improvement of democracy.

This article analyzes the state of insolvency or bankruptcy that may be incurred by those who default or fear default on their obligations. This breach is the source of a new legal situation and an economic and patrimonial state of the debtor, which is declared judicially to organize its creditors legally and preserve the insolvent debtor’s assets and later liquidate and distribute them. Once this situation has been analyzed (which may be fortuitous, guilty or fraudulent), the five types of bankruptcy procedures that Ecuadorian legislation provides are reviewed and differentiated: preventive, preventive for commercial companies, exceptional preventive, voluntary and necessary, highlighting the effects and consequences that each one of them generates for or against the debtor. Finally, the authors’ conclusions regarding this legal institution and its application in the Ecuadorian judicial system will be reviewed.

The aim of a contract is to provide legal certainty to the parties and to define the toolkit of remedies available in the event of a dispute. In modern business practice, the ultimate goal of a contract is to eliminate or reduce the possibility of legal liability; the issue of efficiency and effectiveness of contract implementation is not the primary goal. The impact of technology in the concept of contract creation, implementation and control has redefined the traditional approach which implies that contracts are written by "lawyers for lawyers". The contemporary practice bears witness of the correlation and intertwining of law and technology in a way that exceeds the scope and goes beyond the relationship between the regulator and the regulated object; in effect, technology becomes an organic element of law, its origin, application, control and development. A smart contract, as an example of the influence of technology in the field of regulating contractual relations, automatically activates the obligation, in accordance with the terms and conditions that the parties agreed upon and entered in the program code. Based on the Blockchain technology, a smart contract profoundly changes the paradigm of trust in a person with the paradigm of trust in a program code. The basic limitation of smart contracts is their capacity to convert complex legal concepts into the computational form readable by a program code. Thus, they cannot function in a pure form (entirely defined by a program code). The code needs to be complemented by text. The legal form that should bridge the gap between the smart contract and the traditional contract is the Ricardian agreement. The Ricardian contract uses the best from both worlds. On the one hand, the key terms of the contract are in software-readable program code format; on the other hand, more complex provisions that are not suitable for conversion into an algorithm are contained in additional instructions that are part of the Ricardian agreement. In terms of legal obligation, the Ricardian contract reflects exclusively and only the intention of the parties, without implying a legal obligation that could be formally established only by concluding the intended future agreement. As such, the Ricardian contract can play the role of a guide for the interpretation of the prospective agreement, which gives it a certain value in case of a dispute.

Nowadays, the breach of contractual obligations has caused great debate in the law academy, this due to the need for contractual relationships that are less susceptible to extinction and figures that avoid this extinction. For this reason, a part of doctrine has preferred to opt for less orthodox remedies that allow the resolution of controversies without initiating judicial processes. Due to the above, this article will analyze the feasibility of applying a figure such as contractual solidarity in Ecuador. In addition to delimiting that the characteristics of the Ecuadorian legal system allow the application of of this remedies but the principle of good faith to be at the center of solving problems in the event of breach of contract and that the creation of norms such as remedies for breaches are affected by regulatory obstacles in the law. For this purpose, the contract will first be analyzed as a figure and the breach within the field of Civil law and in the Ecuadorian context. Afterwards, contractual solidarity will be explored briefly, and the last section will study the possibility of applying this figure in the Ecuadorian legal system and the consequences that this would entail.

Both in the public or private domains, a will is a notion found in all aspects of the law, though it cannot be understood for the time being without invoking philosophy. It is only with such elements provided by the philosophy that constructing the juridical will was made possible. Nevertheless, with the growth of neurosciences, especially in the 21st century with the development of magnetic resonance brain imaging, an explanation of the biological substrate of a will could be provided. By attempting to explain how the central nervous system produces mental processes, neuroscience deals with essential attributes of personality and the identity of human beings such as capacity, will or autonomy, which are considered by law, especially civil law, in its legal institutions. It is why the research on neurosciences could have an impact on the legal acts where will plays a vital role.

The doctrine of public function has fundamentally changed the classic concept of public services. Because this doctrine has denied the monopoly of personal and organizational criteria in recognizing public service and by resorting to some other criteria, some private sector activities are also considered public services in addition to the services provided by the public sector. The public function doctrine, by presenting a new concept of public service, also changes the criteria for recognizing administrative contract. Accordingly, any contract subject to public service, regardless of the personality of the contract parties, is considered an administrative contract. Thus, in such contracts, with legal supporting, it is possible to anticipate prerogative powers. In fact, a contract in which the parties are private, based on the existence of the subject of public services and the components of public interest, is considered an administrative contract and the public service provider can have prerogative powers. By this conceptual and substantive change, the jurisdiction of the administrative courts in judicial proceeding to claims arising from administrative contracts will also be expanded and these authorities can hear the contractual claims of both private parties, provided that there is a public service issue in that contract.

Considering the large volume of claims regarding ordinary transactions in the legal courts of the country, we find that the existing laws do not have the capacity and effect that the parties have to deal with the contractual relations of individuals. Therefore, it should seek to define new criteria and standards in contract relations with maintaining the principles governing contract law. studying the background of procedure in our country and analyzing the fundamentals of jurisprudence by offering Some examples of this kind of restrictions in Islamic thought - law is one of the purposes of this paper . although Registration Act 1346 must be considered the beginning of the rule, it has been shown that regulation has not been enough to prevent the development of such lawsuits and that by applying more effective mechanisms in the field of contracts such as the development of contracts that must be set up in formal documents and provide guarantees of effective implementation of the necessary platform to address existing challenges.

The emergence and development of civil law as an independent branch of law was associated with the development of commodity-money relations and first developed in ancient Rome. Roman law was formed on the basis of customary law as well as the judicial practice of masters who resolved property disputes. Therefore, it was in Roman law that the main provisions of modern civil law were first formed. A powerful impetus to the development of civilization thought was the rapid development of commodity-money relations in the Russian Empire.The high level of development of civil law science in pre-revolutionary Russia influenced the formation of civil law in the Kazakh region. A prominent social and political figure, professional lawyer, one of the leaders of «Alash», the head of the Western branch of «Alash-Orda», Zhakhansha Dosmukhamedov was at the forefront of the development of civil law thought in the territory of modern Kazakhstan.His political and legal views were formed under the influence of progressive ideas of representatives of the Kazakh intelligentsia, Russian socio-political thought of the 19th – early 20th centuries, Western thinkers and lawyers. In this article, the author first examined the role of Zhakhanshi Dosmukhamedov as a civilist in the formation and development of civil law in the Kazakh region. Also the autorth identified main stages of him political and legal views.

In the article on the basis of analysis of current and former Ukrainian legislation and doctrinal sources are considered some issues of classification of civil law contracts into consensual and real contracts. Approach to divide contracts into two aforementioned groups originates in Roman law; however, its sufficient theoretical model is produced only in XIX century. In Soviet period this method to classify contracts was sharply criticized. Current Civil code of Ukraine uses both types (models): consensual and real contracts. Contract is to be treated as consensual unless the opposite is prescribed in civil legislation. In order to conclude real contract, in addition to sufficient agreement, transfer of property or execution of other action is needed. Such transfer of property or other action are not considered as a part of fulfillment of contractual obligation; they take place at the stage of contract formation and are prerequisite for the very existence of real contract. Based on these considerations, direct application of norm regulating contractual transfer of ownership to conclusion of real contract is complicated and cannot be conducted without certain adjustments. Another issue related to the formation of real contract is transfer of non-documentary securities and non-cash money. These civil law objects following a common approach are not regarded as things (res). Therefore, transfer of non-documentary securities and non-cash money in a procedure of formation of real contract cannot be qualified as transfer of property in its traditional meaning.

The article aims to explore the place of contract for digital thing (i.e., a good with digital elements; digital content; and digital service) from the point of view of Latvian contract law considering the recently adopted Consumer Sale Directives 2019 (Directives 2019/770 and 2019/771). The topicality of the article’s theme is rooted in transposition of these directives into Latvian national law. On the one hand, it is necessary to find a proper place for classification of contract for a digital good considering approaches and contents of Latvian contract law for the appropriate understanding of this contract within Latvian contract law and, speaking broadly, Latvian civil law. On the other, the transposition of these directives would mean that digital goods for nonconsumers will remain without explicit regulation because these directives are intended to be transposed into consumer rights protection law being as lex specialis without introducing any amendments into general contract law. At the beginning, the present article provides an overview of the place of contract for a digital thing before transposition of the Consumer Sale Directives 2019 into Latvian consumer rights protection law, i.e., in the current regulation of Latvian contract law. The article continues with analysis of the expected place of contract for a digital thing after the currently intended transposition of these directives. Afterwards the article addresses the consequences of that transposition. The article concludes with summary following the discussion contained therein.

This article highlights a new discussion in Colombia, that is, the role that arbitration could play in consumer law. The paper also analyses a signature case in U.S. arbitration consumer law (AT&T Mobility v Concepcion), which offers the basis to open the debate of small claims contested during a Class Arbitral proceeding. It also weighs on the legal nature of Class Waiver Clause. It furthers on the possible sanctions that could be imposed on that clause, to conclude that Consumer Law in Colombia deserves a better and effective procedure favoring consumers by voiding with inefficacy a possible Class Waiver in an arbitration agreement.

This article addresses the role of Aristotelian thought and method in contract analysis, and how this analytical method has transferred to modern thought through Christian theologians, especially Thomas Aquinas and late scholastics. The purpose of this research is to raise this significant legal challenge for Iranian law and to address the experiences of Western law in this problem. The result of this research is that, contrary to the appearance of Western philosophy that shows the foundations of Aristotelian thought have been severely criticized and discarded since the seventeenth century, the framework of the teachings of contract law has been based on Aristotelian and Thomasian thought, and more so by late scholastics and the Spanish natural law school and in fact, intellectuals like Hugo Grossius have finalized these preliminary intellectual works. Meanwhile, the influence of Iranian and Islamic philosophy and thought in these teachings, through their influence on St. Thomas, is not deniable. I hope that the study of this article will make Iranian law faculties more aware of their difficult and significant task ahead, and that cultural and scientific policymakers will know that the law school is not a place just for the production of legal degrees for individuals and that its work is more significant than the work of medical school.

In the article on the basis of analysis of Ukrainian legislation and doctrinal sources are considered issues of classification of civil law contracts. The article analyzes a number of aspects of legal regulation and determination of certain theoretical and practical issues of classification of civil law contracts, designation of approaches to determination of contract classification criteria and explores the problems of application of certain methods of contract classification. There can be no doubt that economic life objectively involves the need of society in some methods and ways of organizing and determining relationships between individuals. The most important and universal legal construction which satisfies that need is a contract: contract is prerequisite for functioning of private relationships. Aforementioned causes necessity in legal researches in the sphere of classification of civil law contracts. Such scientific studies can serve as a fundament for development of legislation and provide the great support in filling the gaps in existing law. Special attention is paid to the legal classification of contracts determined by Civil code of Ukraine. In article is emphasized that doctrine is not unified in questions related to the grounds for the classification of contracts and thus different approaches to such classification are analyzed. Two major methods of classification of contracts are distinguished. The dichotomy of division constitutes the essence of the first method of classification. The drawback is, however, that this way of categorization does not cover all existing types of contracts. According to the second method, contracts are divided into different groups, but there exist no uniform criterion for the classification. This article therefore contains accurate exploration of logical consistency of criteria used for classification of contracts and practical importance of different ways to categorize civil law contracts.

The article deals with limitation of claims in Poland, Ukraine and Germany. The authors made a conclusion that the most liberal solution in the area of contractual regulation of limitation is provided in the German Civil Code, which allows shortening and prolonging the statutory limitation period, whereas the most severe is provided for in the Polish Civil Code, prohibiting it altogether. An indirect solution has been adopted by the Ukrainian Civil Code, which allows only the extension of the statutory limitation period. These different legislative solutions demonstrate that the national legislators are partially different in their view of the reasons justifying the statute of limitations. Newer prescription regulations, to which the German and Ukrainian ones belong, are largely similar to each other. The same can be said about the Polish academic project of the general section of the civil code. The Principles of European Contract Law have had a significant impact on teaching of civil law, as well as on national legislators.

The article discusses the level of development of Western European law and the operation of the principle of freedom of contract in the period of the XVIII–XIX centuries. The evolution and key changes in contractual freedom since the adoption of the laissez-faire doctrine are displayed. The author connects evolution in positive law with the transformation of the economic and socio-ethical thought of society.

The purpose of this work is to define the legal systems on commercial concession (franchising) regulation in the world practice, and also identification of the specifics of commercial concession contractual regulation in Russia, and analysis of all changes in civil legislation regulating the institution of commercial concession and the identification of trends in its development within the framework of the ongoing legal reform. The general scientific basis was formed by the general scientific (dialectical) method of obtaining knowledge, and also comparative legal and logical methods, which allowed us to consider the problems of the civil legislation development in the field of commercial concession. The analysis of civil legislation reveals the directions of its development and improvement in the field of commercial concession. Using the example of a comparative analysis of foreign experience in regulating commercial concessions, trends in the development of Russian civil legislation are shown. Particular attention is paid to changes in Chapter 54 of the Civil Code of the Russian Federation as part of the civil legislation reform. A scientific study of the legal regulation system for commercial concession (franchising) abroad was carried out, as well as trends of changes in the norms of Russian civil legislation in the field of commercial concession were analyzed. The theoretical provisions formulated in the article can be useful for determining the effectiveness of civil legislation that enshrines the contractual regulation of commercial concession, and they can be used in law enforcement practice, as well as in the course of "Civil Law" study.

The present research article focuses on the description of the dynamics of Europeanization of two fundamental concepts of Georgian property law and the law of obligations—acquisition of a thing from a non-authorized alienator and the unified concept of breach of obligation—in the context of reception of German law. At the historical stage of formation of the Civil Code of Georgia (CCG), focusing on the conceptual framework of German civil law, the German law, in its turn, was an integral part of the Europeanization process. Hence, Europeanization influenced the development of Georgian civil law through the reception of German law. When referring to the reception of German law in this article we simultaneously mean the process of Europeanization of Georgian civil law, which penetrated not directly but rather through the reception of European (in this case, German) codification. The ongoing reform of Georgian civil law inevitably requires its legal harmonization with EU codifications in the context of central paradigms of acquisition of a thing from a non-authorized alienator and the unified concept of breach of obligation. Analysis of the dynamics and often contradictory root of the Europeanization of Georgian private law will enable scholars and legislators conduct legal approximation process on the basis of research-based recommendations.

After the conclusion of a contract, uncontrolled situations of the parties may lead to non-performance of the contract not only in the form of impossibility but also through excessive onerousness. This paper is seeking to compare regulations and cases concerning change of circumstances of the contract under the Indonesian and Dutch legal systems. The aim is to compare a legal remedy when the contract is imbalance and puts other party in burdensome condition to perform. Indonesian law still uses the all-or-nothing approach of termination and rejects the concept of subjective (relative) force majeure to modify a binding contract, although in some cases Indonesian Supreme Court has modified some contracts on the basis good faith principle. Dutch law, on the other hand, has an explicit provision for adjustment of contract on the basis unforeseen circumstances in Article 6:258 DCC. This jurisdiction accepts that unforeseen circumstances can be justified as a basis for adaptation of the contract.

This article deals with the Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services. The Directive says that Member States are free regarding the question of the legal nature of contracts for the supply of digital content or digital services. The Directive must be transposed into national law by 1 July 2021 and the date of entry into force of the transposition rules shall be 1 January 2022. As contracts for the supply of digital content and digital services were not previously regulated, the major challenges for Member States are the contractual meaning of personal data and categorisation of these contracts. The article explores the link between consumer consent to process personal data and the contractual consequences of withdrawal from such consent, specifically the trader’s right to terminate the contract. The author supports the need to grant traders the right to terminate the contract in order to provide balance between the rights and obligations of the parties in accordance with the existing national law.

Il pensiero ordoliberale è stato oggetto di grande attenzione negli ultimi anni. I cultori del diritto antitrust hanno distinto fra l’ordoliberalismo e altri tipi di neoliberalismi, con riferimento alle possibili limitazioni da imporre all’autonomia dei privati. L’articolo è dedicato in primo luogo all’analisi del modo in cui i primi ordoliberali hanno affrontato la questione delle condizioni generali di contratto, e all’impatto della tesi di tali studiosi sulla successiva disciplina tedesca ed europea. Ci si sofferma sulla differenza, nella trattazione del tema, fra l’approccio europeo e quello statunitense. Ancora oggi il neoliberalismo d’Oltreoceano porta a un intervento minore sul contratto rispetto a quello che si registra in Europa, riconducibile alla cultura ordoliberale. Ordoliberalism has been recently the object of many studies. Antitrust lawyers distinguish between ordoliberalism and other kinds of neoliberalism, with reference to limitations on private parties’ autonomy. This paper focuses on the way in which ordoliberals treated the question of general terms and conditions of contracts. Focus is made also on the difference between the European and the US approaches on the topic. It is found that still today the US neoliberal approach affects contracts less than the European ordoliberal one. JEL codes: K12, K21, K15

This paper investigates the constitutionalisation of the test for statutory illegality (the test) in South African contract law, firstly through a careful evaluation of the manner in which the Constitutional Court (CC) applied the test in Cool Ideas v Hubbard, secondly through the manner in which the CC purports to constitutionalise the test in the said case, and thirdly through asking if such a method is desirable in the constitutional dispensation. It can be conceded that the approach taken by the main judgment to the application of the test in this case is more compelling than that taken by Froneman J. However, the fundamental differences in these approaches, particularly in the determination of the impact of the Constitution and its underlying values, highlight the need for an investigation into the test and the way it should operate in the constitutional dispensation. The paper begins by setting out the test and shows that it is capable of reflecting the values that underlie the Constitution (while maintaining a workable level of legal certainty) and that the test can operate in a manner that enhances the vision and goals of the Constitution. It also proposes a framework within which the various factors of the test should be weighed up, with a view to determining whether the contract under investigation is valid or invalid. Then the paper evaluates the CC's application of the test. It criticises the main judgment for its incomplete undertaking of the enquiry envisaged in sections 8(1) and (2) of the Constitution, as it took into account neither the "spirit, purport and objects" underpinning section 25(1), nor the fundamental values of the Constitution. It also criticises Froneman J's judgment for not connecting the value of fairness with the "spirit, purport and objects" underpinning section 25(1) or the broader fundamental values of the Constitution. Thereafter, it considers the manner in which the CC purports to constitutionalise the test. It points out that equity considerations apply in all matters, whether a substantive right is implicated or not, as they ensure that the "application" and "interpretation" of a statute enhance and are in line with the "objective normative value system" that is the Bill of Rights. Lastly, it considers the desirability of the CC's approach to the application of the test and its constitutionalisation. It points out that the main judgment goes to the extremes of objectivity in interpreting the relevant provisions of the Housing Consumers Protection Measures Act, 1998 (within the application of the test), while Froneman J goes to the extremes of subjectivity. In this regard, it suggests that courts can use the "balance of convenience" test to adjust their decisions to accommodate the circumstances of each case. Therefore, it concludes that the approach to constitutionalising the test lies somewhere between that of the main judgment and that of Froneman J

The current Indonesian contract law which is inherited from then Dutch colonial is no longger compatible with the the rapid development of international trade and business practice. Indonesia, therefore for quite long time, has made an effort to reform its contract law. However, those efforts are not successful so far. The entry into force of the ASEAN Economic Community in 2015 is a good momentum for Indonesia to revisit the idea of the reform. This research tried to find out the most possible approach for the reform. The research applied normative juridical method with futuristic approach. In conclusion, UPICC as an international instrument may well serve as model for the new Indonesian contract law. With its soft law character, UPICC may flexibly be adjusted in order not to prejudice the fundamental principles of Pancasila.

In 2006, Donald Trump submitted a planning application to transform an area of protected dunes and open countryside along the coast of north-east Scotland into a major golf and leisure resort. He claimed the golf course would be the greatest in the world and would transform the region’s oil economy. Citing the economic benefits, the Scottish Government approved the project in 2008. Trump has constructed the golf course but has failed to deliver the hotel and other elements of the project. Against the backdrop of planning deregulation, the paper examines why the officials failed to include appropriate planning conditions to ensure delivery of the project and prevent a great incomplete planning disaster. Recognising the limitations of current public law enforcement mechanisms, it invokes concepts borrowed from contract law. Holding that Trump is in breach of contract and has benefitted from unjust enrichment, it broaches the possibility of applying damages, restitution and specific performance as alternative remedies.

Abstract Debt, unlike the western law, is considered as a quite independent concept from “obligation” in the Islamic law and is regarded essentially as a kind of intangible personal property which has the characteristics of ownership and is a species of Ein(thing). The conceptual application of this legal institution in the contract and tort law is more extensive than the "obligation" concept. Due to this institution, Nominated contracts such as sale, rent, loan, and guarantee contract which are regarded as promissory contracts in the western law which merely cause obligations, are often considered as possessory in the Islamic law with a different effects. Also in tort law, the relationship between the person suffering the loss and the person causing the loss is not mainly only a personal promissory relationship but injured person is the owner of the equivalent or the value of the property and is its creditor of the tortfeasor and he, as any owner, has full legal control over this property. Thus it, considering the vast application of the debt in various domains of civil law as well as the quite independent and distinguished nature of it from obligation institution, can be suggested a comprehensive theory named “the general theory of debts that is a regulated and coordinated set of legal principles, rules, and concepts including concept, essence, subject, sources, the provisos, effects of debt and causes of debt discharging and fulfilling. This study is an introduction to this theory and represents the necessity of suggesting such theory. It should be noted that this theory which is perfectly consistent with the concepts of Islamic law, is in conflict with the western theory of obligations.

Among factors that might significantly diversify common and economic trading, in particular trading in real estate, pre-emption, back-in and redemption rights, as well as the right of priority in acquisition play an important role. These legal instruments, despite certain differences in their legal structures, serve a similar function. Namely, they may be utilized for the purpose of affecting the preferred ownership structure. The legislator in pursuit of the assumed ownership structure may – through the instruments of the pre-emption right, back–in right, redemption right and the right of priority in acquisition – particularly with their statutory character - restrict freedom to trade in ownership with regard to the selection of the real estate purchaser. Simultaneously, in the contracting process, the parties face a certain manner of proceeding imposed, the purpose of which is to conclude the contract on transferring real estate ownership with the partner preferred by the legislator. In certain cases, the legislator goes even further, granting the eligible party a claim under which the eligible party may demand that the party obliged shall submit an appropriate declaration of will, and in the event that the party obliged refuses – the eligible party may seek the judgment of the court replacing that declaration. Proper navigation in the field of real estate trading, in particular with regard to transactions in which the pre-emption right, back-in right, and redemption right, or the right of priority in acquisition is reserved for defined entities, requires defining the legal character of the given instrument, the manner of executing the due right by the eligible party, results of the failure of the parties to the contracting process to fulfill the obligations imposed by the act, and finally, defining whether there are means for the compulsory execution of the power guaranteed by the act and, if yes, what these means are.

RetractionDate: 02.05.2022Reason: Partial or full duplication of articles in the Actual Problems of Economics and Law Journal with previously published texts was detected. For example, an article was published in the Journal:Yushchenko N.A. Distinguishing between the notions of “commercial concession” and “franchising”. Aktual’niye problemy ekonomiki i prava, 2014, no. 4 (32), pp. 236–241. (https://www.elibrary.ru/item.asp?id=22586051). The article contains large extracts from the previously published article:Yushchenko N.A. On the unification of the concept of commercial concession and its legislative consolidation in Russia and abroad / N. A. Yushchenko // Foreign Trade Law. – 2007. – № 1. – С. 3-7. (https://www.elibrary.ru/item.asp?id=12870964). The Editorial Board of the Journal, when publishing scientific research materials, bases its performance on the rules of publication ethics observed by the Editorial Board members, reviewers and authors. According to these rules, the author shall guarantee that the article is published for the first time and was not previously published or submitted to another journal. The Editorial Board performed an internal investigation. The Editor-in-Chief and the Publisher made a decision to retract the article from elibrary.ru and the Journal website.