Search

The idea that a contract should affect other people than the parties has seemingly always been a provocative notion. A contract binds the contracting parties – and only them – together in a legal relationship, and yet according to contemporary law a contract can have various legal effects for third parties, i.e. non-parties. The parties can conclude a contract for the benefit of a third party, and third parties can be affected by the contracts of others pursuant to both statutory law and uncodified general principles of law. The legal theme of contractual third party effects involves both theoretical and practical challenges. This doctoral dissertation addresses a number of these challenges, by examining (mainly) Swedish and Nordic private law sources. The study explores third party contracts and direct claims, as well as the relationship between these two legal figures, by placing them in a historical and theoretical context and by performing a series of contextualizing readings of sources revealing developments in both case law and legal scholarship. The research is based on a legal scientific methodology, enriched by theoretical and methodological imports pillaged from the classical teachings and contemporary scholarship on rhetoric. The result can be characterized as a form of rhetorically infused, topically oriented, hermeneutic study of contemporary legal discourse on third party effects of contract.

The present foundations of contract law in Central Europe developed in a compound way, under a constant “center” – “peripheries” tension. In the 20th century most countries in the region followed a similar way of evolution. This originated in the free-market approach with a strongly liberal dimension in the inter-war period, proceeded through radical denial of party autonomy under the post-war socialist regime and was concluded with the revival of the laissez-faire concept in early 1990s. A pivotal element of this development was the concept of freedom of contract, perceived in a symbolic way, as a manifestation of market libertarianism. The paper analyzes the main threads of this development, adopting Polish law as the vantage point. It attempts to draft focal premises of the intellectual history of freedom of contract in Polish law. It draws attention both to specific features of the Polish attitude towards this concept, as well as seeking to identify common denominators for Central European contract law. In doing so, the paper attempts to locate the development of Polish contract law against the backdrop of the “center” – “peripheries” dynamic and to reach a preliminary understanding of the extent to which the Polish concept of freedom of contract bears certain mainstream or particular features.

The present foundations of contract law in Central Europe developed in a compound way, under a constant “center” – “peripheries” tension. In the 20th century most countries in the region followed a similar way of evolution. This originated in the free-market approach with a strongly liberal dimension in the inter-war period, proceeded through radical denial of party autonomy under the post-war socialist regime and was concluded with the revival of the laissez-faire concept in early 1990s. A pivotal element of this development was the concept of freedom of contract, perceived in a symbolic way, as a manifestation of market libertarianism. The paper analyzes the main threads of this development, adopting Polish law as the vantage point. It attempts to draft focal premises of the intellectual history of freedom of contract in Polish law. It draws attention both to specific features of the Polish attitude towards this concept, as well as seeking to identify common denominators for Central European contract law. In doing so, the paper attempts to locate the development of Polish contract law against the backdrop of the “center” – “peripheries” dynamic and to reach a preliminary understanding of the extent to which the Polish concept of freedom of contract bears certain mainstream or particular features.

The present foundations of contract law in Central Europe developed in a compound way, under a constant “center” – “peripheries” tension. In the 20th century most countries in the region followed a similar way of evolution. This originated in the free-market approach with a strongly liberal dimension in the inter-war period, proceeded through radical denial of party autonomy under the post-war socialist regime and was concluded with the revival of the laissez-faire concept in early 1990s. A pivotal element of this development was the concept of freedom of contract, perceived in a symbolic way, as a manifestation of market libertarianism. The paper analyzes the main threads of this development, adopting Polish law as the vantage point. It attempts to draft focal premises of the intellectual history of freedom of contract in Polish law. It draws attention both to specific features of the Polish attitude towards this concept, as well as seeking to identify common denominators for Central European contract law. In doing so, the paper attempts to locate the development of Polish contract law against the backdrop of the “center” – “peripheries” dynamic and to reach a preliminary understanding of the extent to which the Polish concept of freedom of contract bears certain mainstream or particular features.

The present foundations of contract law in Central Europe developed in a compound way, under a constant “center” – “peripheries” tension. In the 20th century most countries in the region followed a similar way of evolution. This originated in the free-market approach with a strongly liberal dimension in the inter-war period, proceeded through radical denial of party autonomy under the post-war socialist regime and was concluded with the revival of the laissez-faire concept in early 1990s. A pivotal element of this development was the concept of freedom of contract, perceived in a symbolic way, as a manifestation of market libertarianism. The paper analyzes the main threads of this development, adopting Polish law as the vantage point. It attempts to draft focal premises of the intellectual history of freedom of contract in Polish law. It draws attention both to specific features of the Polish attitude towards this concept, as well as seeking to identify common denominators for Central European contract law. In doing so, the paper attempts to locate the development of Polish contract law against the backdrop of the “center” – “peripheries” dynamic and to reach a preliminary understanding of the extent to which the Polish concept of freedom of contract bears certain mainstream or particular features.

This paper shows that the law, in subtle ways, may set hitherto unrecognized incentives for the adoption of explainable machine learning applications. In doing so, we make two novel contributions. First, on the legal side, we show that to avoid liability, professional actors, such as doctors and managers, may soon be legally compelled to use explainable ML models. We argue that the importance of explainability reaches far beyond data protection law, and crucially influences questions of contractual and tort liability for the use of ML models. To this effect, we conduct two legal case studies, in medical and corporate merger applications of ML. As a second contribution, we discuss the (legally required) trade-off between accuracy and explainability and demonstrate the effect in a technical case study in the context of spam classification., Peer Reviewed

Social media influencers have become increasingly important in the last years. Influencers, that is, individuals with a large number of followers on social media, filter information, advertise products and services, offer advice, and promote political opinions with a significant impact on a broad audience. Nevertheless, their actions have remained largely unregulated and overlooked in the literature. This paper offers an exploratory analysis of this phenomenon and delves into the regulatory challenges resulting from the activity of social media influencers. It fills an important gap in the academic literature by providing an interdisciplinary analysis of a phenomenon with growing societal relevance. Given their large audiences, influencers are very effective not only at creating online engagement for the companies that employ their services, but also at manipulating their followers’ opinions and transactional behavior, as the latter do not always distinguish between genuine and sponsored marketing advice. Although advertising regulations include endorsements made on Instagram or Youtube by ‘prosumers’, influencers appear to disregard these regulatory limits and national regulators have experienced difficulties in safeguarding their enforcement. In this context, average social media users are at an ever-greater risk of falling prey to inconspicuous commercial interests. This paper also introduces an interdisciplinary project that brings together insights from media studies, law, communication science and empirical legal studies, dealing with themes such as social media, influencer marketing, free speech, gig work, platform governance, and consumer protection.

Il saggio è incentrato sulla costruzione di una nuova legalità fascista nel campo del diritto privato e in particolare nel diritto delle obbligazioni e dei contratti. Gli anni Trenta, nella prospettiva del passaggio dal liberalismo al totalitarismo, sono un tornante decisivo,, segnato da almeno due eventi fondamentali: la graduale perdita di consenso non solo politica ma anche scientifica del progetto italo-francese (1927), terza via tra liberalismo e comunismo, e l’affermazione dell’ordinamento corporativo. La tesi sostenuta nel saggio è che nel corso degli anni Trenta avviene un ripensamento politico sia del ruolo del codice nel sistema delle fonti del diritto, sia del ruolo del giudice e dell’autonomia privata, come conseguenza dei nuovi principi costituzionali del fascismo. Nell’elaborazione di questa trasformazione totalitaria che investe il campo economico e incide anche sul diritto privato, si distinguono i giuristi, il cui contributo viene esaminato sia nella produzione scientifica sia nella collaborazione alla riforma dei codici. Si studia in particolare l’impatto dell’ideologia fascista sulla soluzione del problema dell’abuso della libertà contrattuale mettendo a confronto i convegni internazionali di Parigi (1937) e soprattutto di Roma (1938) e Vienna (1939), nelle quali si progetta un secondo esperimento internazionale: la transizione dal codice unico italo-francese all’unificazione italo-germanica del diritto delle obbligazioni., The essay is focused on the construction of a new fascist legality in the field of private law and in particular in the law of obligations and contracts. The Thirties, in the perspective of the transition from liberalism to totalitarism, are a decisive turning point, marked by at least two fundamental events: the gradual loss of not only political but also scientific consensus of the French-Italian Draft Code (1927), third way between liberalism and communism, and the affirmation of the corporatism. The thesis supported in the essay is that during the 1930s a political rethinking of both the role of the code in the system of sources of law and the role of the judge and private autonomy took place, as a consequence of the new constitutional policy of fascism. In the elaboration of this totalitarian transformation, which affects both the economy and private law, jurists stand out. Their contribution is examined both in their scientific thought and collaboration in the reform of the codes. In particular, the impact of the Fascist ideology on the solution of the problem of the abuse of contractual freedom is studied, comparing the international conferences in Paris (1937) and especially in Rome (1938) and Vienna (1939), in which a second international experiment is planned: the transition from the Italian-French Code to the Italian-Germanic unification of the law of obligations.

The objective of this thesis paper is to investigate whether if smart contracts concluded on a blockchain are recognized as contracts under Swedish law. This is done by analyzing two fictional examples of concluded smart contracts. The study shows that smart contracts may indeed be recognized as contracts as they fulfill mechanisms for concluding contracts that are regulated in the Swedish Contracts Act, such as offer-acceptance. Smart contracts may also be concluded on mechanisms that are not directly regulated by the Contracts Act, these include tacit agreements and standard form of contracts. The objective also includes discussions regarding certain legal issues that are raised by the blockchain and smart contracts. For instance, what problems an immutable blockchain may pose for the possibility to recall an offer or acceptance stated in the Contracts Act. Another aspect that may also potentially prove troublesome is the smart contracts self-fulfillment. This is because they can facilitate the automatic fulfillment of contracts that are null and void due to the fact that they comprise illegal or immoral undertakings.

This research aims to design a guide to accounting procedures for the recognition and measurement of soccer players in sports clubs in Ecuador. To achieve this, a qualitative approach of inquiry has been used, in addition, an interview with the sport Club Cuenca and a document review form that have contributed significantly to this work and its proposal. The results of the investigation indicate that the clubs do not reflect their intangible assets in their financial statements. Based on international methodologies and guidelines of NIC 38, a guide has been established for the accounting treatment of soccer players in their recognition and measurement stages. The first step would be the revaluation of your current workforce, and follow all the processes established in this work to achieve the transparency, reasonableness and comparability that are essential characteristics in accounting., La presente investigación tiene por objetivo diseñar una guía de procedimientos contables para el reconocimiento y medición de jugadores de fútbol en clubes deportivos del Ecuador. Para lograrlo, se ha empleado un enfoque cualitativo de indagación, además, una entrevista al Club Deportivo Cuenca y una ficha de revisión documental que han aportado significativamente a este trabajo y su propuesta. Los resultados de la investigación indican que los clubes no reflejan sus activos intangibles en sus estados financieros. En base a metodologías internacionales y lineamientos de la NIC 38 se ha establecido una guía para el tratamiento contable de jugadores de fútbol en sus etapas de reconocimiento y medición. El primer paso sería la revalorización de su plantilla actual, y seguir todos los procesos establecidos en este trabajo para lograr la transparencia, razonabilidad y comparabilidad que son características esenciales en la contabilidad.

The purpose of the article is to analyze donations inter vivos or irrevocable in Ecuadorian law. A documentary review of inter vivos or irrevocable donations was proposed. By establishing a differentiation between articles 1402 and 1416, it could be found that while in the first article a donation is mentioned as a legal act, in the second it states that a donation cannot be made inter vivos if it is not granted by public deed and registered in the corresponding registry, which gives way to a legal contradiction about the conceptual nature of the donation among the living. The donation among the living is not a legal act, but a contract, since there is a bilateral action. There is an error in the conceptualization that refers to article 1402 of the Civil Code that differs with what was determined in other articles subsequent to the subject matter.., The purpose of the article is to analyze donations inter vivos or irrevocable in Ecuadorian law. A documentary review of inter vivos or irrevocable donations was proposed. By establishing a differentiation between articles 1402 and 1416, it could be found that while in the first article a donation is mentioned as a legal act, in the second it states that a donation cannot be made inter vivos if it is not granted by public deed and registered in the corresponding registry, which gives way to a legal contradiction about the conceptual nature of the donation among the living. The donation among the living is not a legal act, but a contract, since there is a bilateral action. There is an error in the conceptualization that refers to article 1402 of the Civil Code that differs with what was determined in other articles subsequent to the subject matter.

Threats and tensions which exist in the daily lives of democracies demand their revitalization. The general objective is to defend public argumentation as the most important characteristic for the affirmation of democracy, its original characteristics and the adequate mechanism for the construction of references that legitimize and dynamize social justice considering the new contexts of globalization, technology and communication. The established criterion of the majority is insufficient today. Democratic actions should be mediated especially by public argumentation and social participation with up-to-date methods and instruments aimed at correcting the fanaticism and self-interest rooted in leaders and institutions., As ameaças e tensões que existem no cotidiano das democracias exigem sua revitalização. O objetivo geral é defender a argumentação púbica como a característica mais importante para a afirmação da democracia, suas características originais e o mecanismo adequado para a construção de referências que legitimam e dinamizam a justiça social diante dos novos contextos de globalização, tecnologia e comunicação. O critério da maioria estabelecido é insuficiente atualmente. A ação democrática deve ser mediada principalmente pela argumentação pública e pela participação social, com métodos e instrumentos atualizados, voltados para a correção do fanatismo e do interesse próprio enraizado em lideranças e instituições.

2014az geroztik, erakunde europarrek atzera bota dituzte Europako kode zibila sortzeko proiektu handizalea, lehenik, eta, era mugatuagoan, gero, Europar Kontratu Zuzenbidea sortzekoa. Botere legegilea zehaztasunera itzuli zen; baina, oraingo honetan, teknologiak eta iraultza digitalak zuzenbide pribatuan duten eragina jorratzen duten zuzentarauak eta araudiak baliatu zituen. Zalantzarik gabe, sistemari koherentzia emango dion Kontratu Zuzenbide orokorra aldarrikatu behar dugu. Alabaina, iritzi kontrajarriak daude akademikoen artean: batzuek uste dute testuak (doktrinak, legeak) antolatu eta berriz ebaluatu eta testuinguru egokia eman eta elkarrekin lotu behar direla, eta beste batzuek irizten diote Zuzenbide Zibileko eremu klasikoetan gehiago sakondu beharko litzatekeela, eta badira enpresen arteko harremanak sustatzeko europar kode bat sortzea planteatzen dutenak ere., Since 2014, the ambitious project to firstly create a European Civil Code and, then, on a more limited basis, a European Contract law, has been shelved by European institutions. the legislator has returned to a pointillistic approach, this time through maximum harmonization directives and regulations, with which it tackles the impact of technology and the digital revolution on Private law. It is still necessary a general Contract law that provides consistency. however, while for some academics it is time to bring order and reassess doctrinal text and case law. Others believe that it is necessary to go further in the classical areas of Civil law, and there are even those who are considering the possibility of a European code, but this time for businesses to business relations., Ya en el año 2014, el ambicioso proyecto de crear, primero, un Código civil europeo y, luego, más limitadamente, un Derecho contractual europeo, fue arrinconado por las instituciones europeas. Actualmente, el legislador ha vuelto a la senda del puntillismo, esta vez mediante directivas de máximos y reglamentos, con los que aborda el impacto sobre el Derecho privado de la tecnología y la revolución digital. Sin duda, sigue siendo preciso reivindicar un Derecho contractual general que ofrezca coherencia al sistema, pero mientras que para algunos académicos es tiempo de poner orden y reevaluar los textos (doctrinales, legales) y proporcionarles la interrelación y el contexto adecuado, otros creen que es necesario ir más allá en las áreas clásicas del Derecho civil, y aún hay quienes piensan en la oportunidad de un Código europeo, pero esta vez para las relaciones entre empresas.

The present paper is a study on conditional contracts and debates the importance of condition in contract law, particularly regarding its structure, purpose and effects. In this sense, it analyzes conditions and its purposes in face of the existence and the extent of contracts. Then, it also analyzes the moment when the future and uncertain event on which the condition relies on has not yet occurred (but still may be possible to occur), and situations where the condition has not been met. Finally, the paper analyzes specific conditional contracts., Neste artigo são suscitadas questões relacionadas à importância da condição no âmbito da teoria geral dos contratos, em especial questões referentes à sua estrutura, à sua função e aos seus efeitos. Trata-se, portanto, de um estudo sobre os contratos condicionais. Analisa-se a atuação das condições no âmbito da existência e da eficácia dos contratos e, a partir disso, tece-se considerações a respeito de sua função; após, examina-se os momentos de pendência e de (não) verificação da condição na relação contratual, para, então, analisar figuras particulares de contratos condicionais.

Vanwege het nieuwe coronavirus (COVID-19) overwegen veel bedrijven de lonen van werknemers te verlagen. Sommige bedrijven vragen van de werknemers om 'een steentje bij te dragen', andere eisen loonoffers. In dit artikel wordt ingegaan op het juridisch kader voor eenzijdig wijzigen van arbeidsvoorwaarden, maar wordt ook gekeken naar de recente ontwikkelingen met betrekking tot deeltijdontslag die een interessante invalshoek op loonmatiging kunnen bieden. "This content was supported by the H2020 WorkYP project (GA number 870619) and reflects only author’s view.”