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Hohfeld was acutely aware of the 'potent tendency [of words] to control thought'. He was perhaps less aware of the power of syntax to do the same. Hohfeld's tendency to express the content of duties and liberties in the syntactically restrictive to ϕ form has allowed a corrupted version of his analytical scheme to take root. That version takes as axiomatic that the content of any duty or liberty is the action or inaction of the duty bearer or liberty holder. Yet duties and liberties can (and do) pertain to matters other than the action or inaction of the duty bearer or liberty holder. This insight has a range of doctrinal implications. [ABSTRACT FROM AUTHOR]

The article provides a critical review of the sources of Roman law regarding negative obligations. The author indicates that in the classical definition of the content of the obligation of the Roman jurist Paul (D. 44.7.3 pr., Paulus 2 inst.) the concept of «abstaining from actions» is absent, but the same Paul indicates that the concept of «doing» (facere ) includes also «to abstain» (abstinere) (D. 50.16.189, Paulus 34 ad ed). Therefore, it can be stated that obligations with a negative content were recognized in classical Roman law. However, the author emphasized that negative obligations in Roman law, as a rule, did not have an independent meaning, but appeared in additional conditions to the main contractual obligation and were not typical. As typical obligations, the article analyzes the agreement on non-alienation (pactum de non alienando), the agreement on not filing a lawsuit (pactum de non petendo) and the agreement on not providing a guarantee for eviction (pactum de non praestanda evictione). In Roman law, the non-alienation agreement mostly accompanied sales or pledge relations. Moreover, the violation of the non-alienation agreement did not result in the invalidity of the sale. The sale of the subject of pledge carried out under prohibition resulted only in the liability of the party who committed such a violation. In modern law, the agreement on non-alienation of the subject of the pledge has been transformed into a legal prohibition of the alienation of the pledged property without the consent of the pledgee. A non-suit agreement was an informal agreement under which the creditor undertook not to file a claim against the debtor at all or for a certain period of time in the event of his non-fulfillment of the obligation. Violation of this agreement had only a procedural effect: the defendant could raise a procedural objection (exceptio) that an agreement not to file a lawsuit had taken place. The agreement on not providing a guarantee for eviction reduced the responsibility of the debtorseller for seizing of the thing from the buyer on the grounds that had existed before its sale. According to the claim from the purchase, in case of eviction of the thing from the buyer, the seller had to be liable in the amount of damages. In case of concluding an agreement not to provide a guarantee for eviction, the seller was liable only in the amount of the purchase price of the item. [ABSTRACT FROM AUTHOR]

This paper traces the history of remoteness in contract law, namely the legal formants (in Rodolfo Sacco's terms) constraining the availability of contract damages in various legal systems. Our journey takes us through different times, continents and cultures, from the eighteenth century to the twenty–first century, across the law of France, United States, England and Wales, India and Australia, among other jurisdictions. While it might seem that civilian and common law traditions have very different morphological legal forms, once a closer historical, cultural, and anthropological gaze is turned upon the legal formants involved, it can be seen that remoteness discloses a shared concern which may be common to many human societies and cultures. In other words, as a matter of social experience, humans who enter into transactions generally realise that it is impossible to know the future, or to know what all outcomes of the transaction will be. Consequently, it is recognised that it would be unfair and unjust to hold a defendant liable for all outcomes, and as our journey will show, legal systems seek guidance from other legal systems in their efforts to deal with this problem. [ABSTRACT FROM AUTHOR]

This short piece introduces a working game designed for legal problem solving where students use LEGO® to create visual representations of legal analysis. We explain its structure and rationale which is based on the LEGO® SERIOUS PLAY® method and our own five-stage guided approach to problem solving in contract law. We comment on LEGO® models built by students during workshops exploring issues in contract law. In their feedback, students reported that the method helped them to understand contract law doctrine, navigate problem questions and think about their analysis of legal issues. We suggest that, with further investigation, the method can be a viable pedagogical technique to assist with the identification and understanding of a wide range of legal information, and to discern relevant connections between doctrine and fact patterns to achieve successful abstraction, application, and ultimately the construction of complex legal analysis. The method also builds confidence, social interaction skills and reinforces competence in legal problem solving. [ABSTRACT FROM AUTHOR]

Copyright of Law / Teise is the property of Vilnius University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Contracts alter legal relationships between parties based on mutual agreement and law. One of the most significant impacts of ownership transfer contracts is immediate transfer of ownership to the other party. However, in a few exceptional cases, such as suspended conditions, time options and conditional sales, the transfer of ownership begins but remains fragile and unstable. The unique nature of legal relationships in these cases requires individual analysis. Ownership should not be disregarded, and despite its instability, ownership and its benefits must be explained clearly. This article examines instances of unstable ownership in Imami jurisprudence and Iranian law. The article argues that the creation of an unstable contract in this form is conceivable and in accordance with the rules. However, the effects of unstable status of a contract depend on the nature of each contract and its instability. [ABSTRACT FROM AUTHOR]

Real servitudes are property rights in foreigners' things (iura in re aliena), in which the titleholder uses others' property to benefit his property. This research aims to analyse the creation of the right of real servitude based on contract as legal title. The analysis specifically examines the provisions of the law of property and other real rights of Kosovo no. 57/2009 and the law on obligation relations of Kosovo no. 16/2012 that do not provide enough specification and clarifications for the content and this type of contract. The isolated analysis only in the provisions of Kosovo law is insufficient for clarification without comparison with the legislation of other countries. Therefore, the Kosovo law is compared with the civil codes of France, Austria, and Germany, aiming to identify similarities, differences, and legal concepts. The work is based on a literature review and normative, comparative, and empirical methods. The research results answer the questions related to the content, form, and type of the contract as a legal title. It shows that Kosovo law, even though it has some similarities with the French civil code when it comes to the conditions of the valid contract, however Kosovo law differs as follows: a) the contract is not the only condition for acquiring the right of real servitude, but the registration is also needed, b) the content of contract must be based on the interaction of provisions of the law on property and the law on obligation relations, c) the same contract is obligation relationship in nature, but it also serves for the transfer of right and registration of the real servitudes. In this sense, it is concluded that Kosovo law is closer to the Austrian Civil Code and German Civil Code. However, it is not a pure German legal concept since it requires two contracts: a contract of obligation and a contract of transfer of real rights. [ABSTRACT FROM AUTHOR]

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.

Contract law was one of the main subjects discussed in the early modern legal genre of differentiae iuris civilis et canonici ('differences between civil and canon law'). Similar topics were covered in both late medieval and early modern differentiae – hence this genre offers a good opportunity for comparative historical research dedicated to selected topics of contract law (such as those discussed here: the actionability of bare agreements, stipulation for the benefit of a third party, overreaching in contract formation and the lease of a house to a scholar). An examination of the sources proves that the authors of early modern differentiae applied the comparative method in their works. This involved the presentation of sources and rationales from the two bodies of law, the interpretation of sources and arguments in favour of the solutions offered, references to the then-current legal literature and practice and most importantly the preferred method of reconciliation for conflicting laws. [ABSTRACT FROM AUTHOR]

This Article is the first to empirically examine whether firms draft well-organized online contracts that consumers can easily read, navigate, and analyze. "Messy Contracts," as this Article dubs them, are contracts that lack organizational signals in the form of a table of contents and informative headings. Analyzing the sign-in-wrap agreements employed by the most popular 100 websites--such as Google, Facebook, LinkedIn, Tik-Tok, Walmart, Twitter, Instagram, YouTube, and Amazon--this Article finds that businesses routinely draft messy contracts. The importance of this finding goes beyond what initially meets the eye. Messy contracts (1) reduce consumers' comprehension; (2) impose excessive cognitive costs on consumers, consumer advocates, watchdog organizations, and adjudicators who wish to read or navigate the contract or part of it; (3) undermine consumers' ability to remember the contracts' content, and (4) deter consumers from reading contracts. Furthermore, messy contracts indicate that competition over contract terms is lacking and that firms can utilize the features of the online environment to draft consumer contracts without accounting for consumers' needs more generally. Alarmingly, messy contracts may also denote that term ignorance may drive consumers' assent. In all, messy contracts facilitate exploitation, often harming the most vulnerable consumers. Part II of this Article provides the theoretical background to messy contracts. It contextualizes the problem of messy contracts, linking them to the 'no-reading' problem and delineating their social costs. Part III contains the empirical test of this Article. It discusses the sample contracts, the empirical methodology, and our results. Against this background, Part IV considers the normative implications of messy contracts, suggesting ex ante regulatory measures and ex post judicial scrutiny. It also acknowledges the limitations of our proposals and replies to key critiques. [ABSTRACT FROM AUTHOR]

Copyright of AIS: Ars Iuris Salmanticensis is the property of Ediciones Universidad de Salamanca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Taking inequality as a key challenge of our time, this article aims to highlight consumer markets, and their underpinning legal ground rules, as important contributors to inequitable wealth distributions. It illustrates how product design, as manifested in contractual terms, can allow firms to evade competition and divert resources upwards along society's wealth distribution curve. It then highlights the contestable legality of certain pricing practices, such as 'contingent charges', and the challenge they pose to fundamental principles of contract law. An in-depth view of the 2015 case of Beavis v ParkingEye argues that the UK Supreme Court has validated contingent pricing models in a manner unsupported by traditional contractual reasoning and unjustified by contemporary market failure analysis. The article asks contract law to confront the reality that it shapes market distributions in economically and politically significant ways, and appeals for greater scrutiny of the contribution of contract law adjudication to inequality. [ABSTRACT FROM AUTHOR]

Copyright of Adab Al-Kufa is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In today's world, the speed and efficiency of resolving disputes in the field of contract law are of great importance for businesses and individual participants. Traditional litigation is often notorious for its length and high costs. In this regard, alternative methods, such as mediation and arbitration, are gaining more and more popularity. Their advantages, such as speed, confidentiality, and greater party autonomy, make them attractive for the resolution of contractual disputes. The article explores alternative dispute resolution methods in the field of contract law, including mediation, arbitration, and confidential settlement. The purpose of the study is to analyze alternative ways of resolving disputes in the field of contract law. Research methodology includes such methods as empirical method, comparative analysis method, forecasting method, and logical methods. As a result of the study, alternative ways of resolving disputes in the field of contract law and the advantages of each method compared to traditional court proceedings are considered and also provide examples of successful application in practice. The results of the study show that alternative dispute resolution methods in the field of contract law, such as mediation, arbitration, and confidential settlement, have some significant advantages compared to traditional litigation. In addition, current trends in the use of these alternative methods in modern contract law are investigated. The study also indicates that the success of these alternative dispute resolution methods in the field of contract law depends on mutual trust between the parties, who are ready to work together to achieve a mutually beneficial resolution of the conflict. [ABSTRACT FROM AUTHOR]

This article explores the concept of hybridization in insurance contract law, specifically focusing on the regulatory framework for insurance contracts in Serbia. The authors argue that the current unified regime for insurance contracts is inadequate and fails to protect the interests of consumers. They suggest that insurance contract law should be regulated separately from general contract law and should include provisions that guarantee additional protection for consumers. The article also discusses the importance of market conduct rules in ensuring fair practices in the insurance industry. Additionally, the article provides a list of references and citations from various sources that cover different aspects of insurance contracts and consumer protection, making them valuable resources for researchers in this field. [Extracted from the article]

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.

Copyright of Jurisprudence (1802-3843) is the property of Wolters Kluwer Czech Republic and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Law and economics scholarship has traditionally analyzed efficient breach cases monolithically. By grouping efficient breach cases together, this literature treats the subjective motives and the distributive effects of the breach as immaterial. The Restatement (Third) of Restitution and Unjust Enrichment introduced a distinction based on the intent and the effects of the breach, allowing courts to use disgorgement remedies in cases of 'opportunistic' breach of contract (i.e., 'deliberate and profitable' breaches). In this article, we evaluate this approach, focusing on the effects of disgorgement remedies on allocative and productive efficiency, information-forcing and competitive effects, and restraint of breach-searching incentives. We show that, even from a purely consequentialist perspective, disgorgement remedies may be normatively warranted, especially when involving sellers' breach. Recent experimental evidence revealed that the preferences and reactions of ordinary people are in line with our evaluation of the effects of opportunistic breach. [ABSTRACT FROM AUTHOR]

In 2022, UNCITRAL Working Group IV was mandated to develop the Rules on data provision contracts as an answer to the needs of rapidly growing data market. It was expressly noted then, that the Working Group IV should be mindful of similar legislative initiatives. In October of 2023, the working version of the Rules was distributed. Among the other provisions, the Rules define a data provision contract as a contract under which one party provides data to other party. Given definition shows a great resemblance with the contracts on the supply of digital content regulated by 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. This paper analyzes and compares some of the key provisions of the aforementioned legal instruments. Special focus is attached to the scopes of application of both instruments and exclusions from their application, legal nature and general characteristics of both data provision contracts and contracts for the supply of digital content, obligations of the contractual parties. The main objective is to establish clear boundaries regarding the objects and scopes of application of both legal instruments in order to determine their potential overlaps. Finally, the paper investigates the reach and the meaning of personal data provision as a sui generis reimbursement in the context of both instruments. [ABSTRACT FROM AUTHOR]

Copyright of Themis: Revista de Derecho is the property of Themis Asociacion and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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.

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The goal of this article is to characterize the narratives of the Tapir Project (Proyecto Tapir) in relation to the contract annulment between the Ministry of Environment and Energy (Minae) and the Prozoos Organization (FundaZoo) in Costa Rica. The methodological approach is qualitative and with analytical methods by means of semi-structural interviews and the content analysis of one of the social networks and webpage of PT. One of the main findings is the linear narrative of complaints that PT makes in reference to the irregularities in the contract compliance and the deficient operation of the zoos under FundaZoo. In a general conclusion, the narratives of PT are characterized by being easy for all of the public to comprehend. [ABSTRACT FROM AUTHOR]

The study explores the unification of private international law and substantive contract law in the field of international sales law. It starts by asking whether the instruments of uniform substantive contract law can fully replace the rules of private international law, as well as if different periods be distinguished: can it be said that, at first, private international law played the decisive role in the settlement of international commercial disputes, followed by the law of traders, the Lex Mercatoria, and then by uniform norms of substantive law? Or is the relationship more sophisticated, because different gates open between the instruments of substantive law and conflict of laws? Can private international law eventually play a role in determining the application of substantive law conventions or in filling gaps in the uniform law? In the second part of the paper, several examples demonstrate that the unification of substantive law and private international law does not exclude or make each other superfluous; they live in a multifaceted relationship, besides competing as part of their long-lasting coexistence. [ABSTRACT FROM AUTHOR]

Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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.