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Death and taxes are not only life's two guarantees but also lucrative industries. The former has historically been dominated by morticians and funeral directors but now 'coffin confessors' have entered the market. These professionals are engaged to divulge specified information at the client's funerary service, normally in an abrasive or humorous manner, for a fee. This article queries whether contracts for such services are unenforceable on the basis of illegality or public policy. It surmises that the only way 'coffin confessions' contracts could seemingly be enforceable is if they are performed in a manner that is likely contrary to the client's instructions. [ABSTRACT FROM AUTHOR]

This paper studies which law is applicable to the analysis of enforceability and interpretation of forum selection agreements in Brazil. First, it demonstrates how the applicable law can directly affect the result of the assessment of forum selection clauses, both during the analysis of validity conducted by the judiciary and during its interpretation. Next, the theme is studied from the discussions held in the United States of America, conducting an examination of the doctrinal debates and local case law. The inductive method is applied, starting from the analysis of 62 (sixty-two) decisions collected in the online portals of the Superior Court of Justice, of the largest state courts of law and in the Court of Justice of Santa Catarina to establish conclusions about the applicable law to the analysis of validity and interpretation of choice of court agreements in Brazil. The hypothesis that Brazil applies the lex fori for determining the enforceability of forum selection agreements is confirmed. Regarding interpretation, the three cases found applied the lex fori, and it is believed that this will be the trend for the upcoming years, given the difficulty in legitimizing party autonomy in international contracts in Brazil. [ABSTRACT FROM AUTHOR]

Copyright of Propiedad Inmaterial is the property of Universidad Externado de Colombia, Centro de Estudios de la Propriedad Intelectual 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.)

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House 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.)

Apart from the constitutional documents of the company namely the Articles of Association (A.O.A.) and the Memorandum of Association (M.O.A.); the Shareholders' Agreement (S.H.A.) is another document that plays a vital role in establishing the relationship among the shareholders themselves and also between the shareholders and the company. S.H.A. is a reassertion of 'contractualism' in corporate law. However, even after being a valid contract, the terms of S.H.A. can only apply on the company if they are in consonance with the terms of A.O.A. This paper will focus on understanding the intricacies attached with Shareholders' Agreement and why does entering into such an agreement has become a usual business practiseeven when there is no proper legislation or guideline governing the same. It will also focus on the impact of 2018 amendment in Specific Relief Act 1963 on the enforceability of S.H.A. upon companies. This paper has tried to discuss the important judicial pronouncements relating to the Shareholders' Agreement in India and how the concept has developed over the period of time in our country. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House 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.)

Modern information communication technologies, especially the Internet, have been extensively used in contracts. Yet laws which govern contractual relationships were passed at a time when Internet was unknown. Due to this fact, conventional contract laws empirically face significant challenges to address legal controversies arising from electronic contracts. In the same fashion, Ethiopian General Contract Law is unfit to accommodate legal controversies resulting from the occurrence of electronic contracts. The main legal challenges due to the development of electronic contracts are uncertainty regarding legal recognition of data messages, issues associated with consummation of consent, attribution of communications, input errors, time of contract formation, formality requirements, variation, notice of nonperformance, privity of contract, admissibility and parole evidence rule of electronic records. The above-underlined issues, which stem from the emergence of electronic contracts, are hardly addressed by our civil code. Therefore, this work is mainly meant to make a humble attempt to examine the appropriateness of the Ethiopian General Contract Law to accommodate technologically driven electronic contracts. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House 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.)

Swift developments in the emerging field of blockchain technology have facilitated the birth of ‘smart contracts’: computerised transaction protocols which autonomously execute the terms of a contract. Smart contracts are disintermediated and generally transparent in nature, offering the promise of increased commercial efficiency, lower transaction and legal costs, and anonymous transacting. The business world is actively investigating the use of blockchain technology for various commercial purposes. Whilst questions surround the security and reliability of this technology, and the negative impact it may have upon traditional intermediaries, there are equally significant concerns that smart contracts will encounter considerable difficulty adapting to current legal frameworks regulating contracts across jurisdictions. This article considers the potential issues with legal and practical enforceability that arise from the use of smart contracts within both civil and common law jurisdictions. [ABSTRACT FROM AUTHOR]