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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.

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.

This article explores the interplay between international arbitration and data subject compensation claims under the General Data Protection Regulation (GDPR). The analysis focuses on the validity and enforcement of arbitration agreements and the resulting awards. The article argues that despite potential skepticism, arbitration can offer significant benefits to data subjects, and that compensation claims under the GDPR should be considered arbitrable under the New York Convention and CJEU case law. The article further argues that EU courts have a duty to refer disputes to arbitration, and that the mandatory provisions of EU law have limited means of interfering with this duty. Furthermore, it establishes that the misapplication of GDPR provisions does not automatically justify the denial of arbitral award recognition. The article argues that this is a natural extension of trust traditionally shown to arbitrators, and that such trust should not be easily cast aside.LAN-FR Résumé: Cet article explore l'interaction entre l'arbitrage international et les demandes d'indemnisation en vertu du règlement général sur la protection des données personnelles (RGPD). L'analyse se concentre sur la validité et l'exécution des conventions d'arbitrage et des sentences qui en résultent. L'article affirme qu'en dépit d'un scepticisme potentiel, l'arbitrage peut offrir des avantages significatifs aux personnes concernées, et que les demandes d'indemnisation au titre du RGPD devraient être considérées comme arbitrables en vertu de la Convention de New 216 York et de la jurisprudence de la CJUE. L'article affirme en outre que les tribunaux de l'UE ont le devoir de renvoyer les litiges à l'arbitrage et que les dispositions impératives du droit de l'UE ont des moyens limités d'interférer avec ce devoir. En outre, il établit que la mauvaise application des dispositions du RGPD ne justifie pas automatiquement le refus de reconnaissance de la sentence arbitrale. L'article soutient qu'il s'agit d'une extension naturelle de la confiance traditionnellement accordée aux arbitres, et que cette confiance ne devrait pas être facilement rejetée. Zusammenfassung: Dieser Beitrag untersucht das Zusammenspiel zwischen internationaler Schiedsgerichtsbarkeit und Ansprüchen des Inhabers des informationellen Selbstbestimmungsrechts und der Datenschutzgrundverordnung (DSGV). Dabei fokussiert die Analyse auf Fragen der Wirksamkeit einer Schiedsabrede sowie der darauf gestützten Schiedssprüche. Der Beitrag kommt zum Schluss, dass trotz der verbreitet zu findenden Skepsis Schiedsverfahren dem Inhaber des informationellen Selbstbestimmungsrechts durchaus Vorteile bringen können, und dass daher Ansprüche unter der DSGV für schiedsgerichtsfähig unter der einschlägigen New Yorker Konvention und im EuGH-Fallrecht erklärt werden sollten. Zudem kommt er zum Schluss, dass Gerichte in der EU Streitigkeiten an Schiedsgerichte überweisen müssen und dass dem auch zwingende EU-Normen nicht in signifikantem Maße entgegenstehen. Darüber hinaus wird im Beitrag argumentiert, dass nicht jeder Verstoß gegen die DSGV zwangsläufig zur fehlenden Anerkennungsfähigkeit des Schiedsspruches führt. Vielmehr bezieht der Beitrag die Position, dass das allgemein zum Ausdruck gebrachte Vertrauen der Rechtsordnungen in das Schiedsgerichtswesen auch hier zum Tragen kommen und nicht leicht zur Seite geschoben werden sollte. [ABSTRACT FROM AUTHOR]

The UK Space Industry Act 2018 has now been supplemented with the new Space Industry Regulations. While examples of Space Tourism grace our screens and newsfeeds on an increasingly regular basis such as William Shatner's recent voyage (Luscombe, 2021) the UK Regulations also pave the way for 'human occupants' (UK Space Industry Regulations, Regulation 2) to experience such a flight (UK Space Agency, 2020). A key part of the regulations pertaining to human occupants is that they must provide 'informed consent' before embarking on such a flight. If, as is likely to be the case, future courts are to draw analogies with the current state of medical law in this area, spaceflight operators will have to tread carefully if they are to avoid vitiating any informed consent by 'bombarding' any willing human occupant with technical detail prior to their flight (Simmonds, 2020). Whilst this could prove legally problematic for 'capacitous' individuals within the meaning of the Mental Capacity Act 2005, it is likely to be even more so for those who could be deemed, in some aspects of their cognitive ability, to lack capacity. UK Space Legislation as it presently stands faces three problems: 1) There is presently no legal mechanism under UK Space Law to determine capacity. 2) As examples from the Court of Protection indicate, 'capacity' is a very nuanced legal concept and individuals who, on the fact of things, may appear to lack capacity as regards potentially risky activities, have been regarded by the Courts as, at least, partially capacitous in respect of certain decisions. Operators may find themselves having to tread a fine line to avoid claims of discrimination. 3) because of point 1) and the state of the Law of Contract as regards contractual relationships entered into by potentially incapacitous individuals, further significant legal problems may present themselves. This paper will focus primarily on the Law in England and Wales but some of the overarching conclusions will be of relevance to all UK jurisdictions. [ABSTRACT FROM AUTHOR]

The Iliad dwells on the wrath felt over an act of transgression. The backdrop for the story is the legend about the abduction of Helen by Paris while a guest at the palace of her husband Menelaos. Violation of the guest-host relationship starts the Trojan War. Yet the Iliad itself starts with Achilles' wrath over Agamemnon's taking of the young warrior's companion, Briseis, while the Greeks have Troy under siege. Just as Helen is the disputed object of desire between Menelaos and Paris, Briseis is the disputed object of desire between Achilles and Agamemnon. We can project a fourth element to both love triangles to assess the loss caused by the mimetic rivalry. Hector and Patroclus represent the measure of loss in the two quadrangular relationships. We should ponder over how the quest for appeasement in a war epic results in a peaceful ending. [ABSTRACT FROM AUTHOR]

We provide (1) an overview of various present and future applications of smart contracts across various industries including real estate, finance, and healthcare and (2) an assessment of the efficacy of smart contracts as a means of replacing or supplementing traditional contracts. Disclosed in this paper are (1) present and future applications of smart contracts and potential risks and downsides, and (2) legal considerations when using smart contracts to replace or supplement traditional contracts. Aspects of blockchain technologies can be applied to traditional contracts, in part or in whole, to reduce common challenges associated with contracts. Specifically, smart contracts can be integrated with or replace traditional contracts with the benefit of ensuring reciprocal obligations are enforced and aid in ensuring mutual consent, offer and acceptance, consideration and legal purpose. [ABSTRACT FROM AUTHOR]

Copyright of Jurnal Locus: Penelitian dan Pengabdian is the property of Riviera Publishing 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 relevance of the research lies in the study and analysis of the impact of recodification on contract law and the determination of its future prospects. Recodification, which involves a systematic revision and unification of legislation, is necessary in connection with globalization, the development of electronic commerce, and new technologies. The change in social values also creates a need to revise the legal frame, in particular in the protection of consumer rights and compliance with ethical norms. The study proposes to identify problems, propose rational solutions, and contribute to forecasting the future development of the relevant field of law. The purpose of the study is to study the impact of the recodification process on the modern system of contract law and to determine the prospects for its development in the future. The methodological basis of the research is based on a combination of various scientific approaches and methods that allow for a comprehensive and comprehensive analysis of the research subject. Some of the main methodological approaches that can be used in this work include comparative analysis, legal analysis, empirical research methods, theoretical analysis, and historical analysis. Actual problems and challenges faced by the modern system of positive law are identified; the advantages and disadvantages of various models of recodification and their impact on the modernity of the researched field are clarified; an idea was obtained about the possible directions of the development of contract law, in particular regarding unification and harmonization, protection of consumer rights and consideration of ethical norms; recommendations and proposals for improving relevant legal norms in the context of recodification are formulated. [ABSTRACT FROM AUTHOR]

In contemporary business relations, the possibility for one party to a contract to transfer all of its rights and obligations under the contract to a third party by way of a voluntary act is of great utility. While the possibility to do this generally exists in jurisdictions across Europe, the rules by which it must be done can differ under the relevant national laws, not to mention the fact that a specific legal regime is not articulated in most civil codes. Against this background, this paper compares the approaches taken in Italian law and the uniform rules elaborated at an international level in the UNIDROIT Principles of International Commercial Contracts. [ABSTRACT FROM AUTHOR]

Copyright of Intellectual Property / Dusevne Vlastnictvo is the property of Industrial Property Office of the Slovak 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.)

Copyright of Via Inveniendi et Iudicandi is the property of Universidad Santo Tomas 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 Revista do Centro Acadêmico Afonso Pena (CAAP Journal) is the property of Revista do Centro Academico Afonso Pena/CAAP 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.)

Retaining Contractual Equilibrium through the Doctrine of Change of Circumstances: What Can Be Learned from Chinese Experiences? By carrying out a large-scale investigation of judicial decisions delivered from 2009 to April 2023, this article analyses and presents Chinese experiences in retaining contractual equilibrium through the doctrine of change of circumstances. They include the judiciary's three-step analytical framework based on the shared assumption theory and the contractual equilibrium theory, categorisation of the disrupted contractual equilibrium caused by a change of circumstance, and elaboration on the relationships between the three doctrines regarding unexpected circumstances (i.e. the doctrine of change of circumstances, the doctrine of frustration of the purpose of the contract and the doctrine of force majeure) under Chinese contract law. This article, for the first time, systemically elaborates on the Chinese judicial analytical approaches in applying the doctrine of change of circumstances through a large-scale investigation of judicial decisions and clearly shows the doctrine's distinct role in the context of unexpected circumstances. The discussions help to gain a deep understanding of the application of the Chinese doctrine of change of circumstances in real life and are of great value for nourishing the comparative law discourse of the rules of unexpected circumstances. [ABSTRACT FROM AUTHOR]

The Frustration Doctrine and Leases: Lessons from the Hong Kong COVID-19 Litigation Despite the immense impact of COVID-19 on the business environment, the Hong Kong (HK) courts did not find room for the operation of the frustration doctrine. While all the reported HK cases involved leases, they offer valuable lessons on the theoretical basis of frustration and how the 'radical change in nature of obligations' test is critically concerned with characterising the nature of the bargain. Beyond their precedential value, the decisions point to the limits of contractual construction and the need to recognise the role of legal policy in exercising what is in effect judicial risk allocation when applying the doctrine of frustration. [ABSTRACT FROM AUTHOR]

Artificial Intelligence, Neuroscience and Emotional Data. What Role for Private Autonomy in the Digital Market?: Within the context of mass production, consumers represent a vulnerable category since they are the weaker contracting party due to the existing information asymmetry between companies and customers. Moreover, consumers suffer from new forms of vulnerability due to the combination of new technological phenomena – such as Artificial Intelligence (AI) and Big Data – and the latest findings in neuroscience, which allows businesses to have a monopoly on the newly acquired knowledge on consumers' purchase decision-making. This article aims at analysing the new technological trends in digital marketing that show the increasing role of 'AI emotional marketing' as a tool to access the inner and unconscious layers of consumers' mind to redirect their economic choices. In this respect, the article will focus on the legal notion of 'autonomy' within the EU legislation on consumer protection and contract law, in order to investigate whether the current legal framework is well equipped to counteract the new form of algorithmic manipulation in the digital market. [ABSTRACT FROM AUTHOR]

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.

This article articulates a theory of relational contract, as an alternative to traditional freedom of contract philosophy. The law has moved away from freedom of contract to some extent, and it can be criticised on the basis of its unrealistic assumptions and detachment from the typical reality of parties' contracting. Relational contract theory is a possible suitable alternative theoretical framework. It may be useful in relation to contract interpretation. Specifically, it can be utilised to support a broader approach to contract interpretation, with the court focussing on the entirety of the parties' relations, including the written terms and also subsequent performance. It enjoys some support in the United Kingdom and in other common law jurisdictions. It can support the view taken by two justices of the High Court of Australia in a recent contract interpretation decision involving employment contracts. The article favours the approach taken by these justices, rather than that of the majority, whose judgment reflects classic contract law sentiments at odds with the general direction of contract law in comparative jurisdictions. [ABSTRACT FROM AUTHOR]

In this article I analyze Kar and Radin's critique of boilerplate text in contract. The problems identified in boilerplate are significant. I then describe the test that they offer to distinguish between proper contract and "pseudo-contract" in boilerplate. The test is constructed upon the use of Gricean Maxims slightly modified for the context of contract law. Next, Karl Llewellyn's test for boilerplate is described. Ultimately, through the use of a couple of examples it is argued that Llewellyn's test is a better option. Even with this result, much of the Kar and Radin critique of boilerplate is significant and valuable. [ABSTRACT FROM AUTHOR]

Epicurus holds, in Key Doctrine 31, that what is just according to nature is a súmbolon or sign of the interest there is in neither harming one another nor being harmed. Certain readings of this maxim equivocate this legal sign with other signs found in nature, thereby failing to give sufficient weight to the role of reciprocity in its production. Other readings simply import a legal sense from outside of Epicurean doctrine, thereby failing to explain what makes Epicurean súmbola legal. A final set of readings attempt to find a legal rule as a kind of innate concept or Kantian 'scheme'. This article identifies new sources for understanding súmbolon, drawn principally but not exclusively from Aristotle's Eudemian Ethics. This article offers an original argument that Epicurus adopts Aristotle's' image of the tally stick (symbolon) as a meeting of often divergent interests which constitutes something new and particularly valuable to the Epicurean: friendship. A theoretical argument is also advanced to support this reading which claims that one person's reflection on a 'divine image' of the end (telos) is insufficient to constitute a súmbolon; rather real (as opposed to abstract or ideal) individual interests are filtered via the mechanism of the tally, that is via the meeting of two given individuals who together generate a sign (symbolon) of reciprocal interest in neither harming nor being harmed. [ABSTRACT FROM AUTHOR]

The Principles of Asian Contract Law (PACL) are the most recent addition to the series of uniform laws regarding transnational commercial contracts. This time, the harmonization initiative must address the problem of a great variety of legal traditions, all of which are quite difficult to reconcile. The author focuses on the object and objectives of the PACL by reconsidering the notion of "Asian law" and the alleged cultural neutrality of contract law as a legal discipline. The paper argues that the PACL project lacks clarity. Its ambitious objectives, while apparently intelligible, fail to produce the desired results in their entirety: the Asian regional harmonization of contract law turns out to resemble its occidental forerunners. The study goes beyond the traditional comparative law. It explores the model law (in the making) in a broader context of legal policy, parallel regional private-law-making efforts in the field of contract law as well as in the context of legal globalization. [ABSTRACT FROM AUTHOR]

The rapid rise of digital platforms such as Airbnb has facilitated the growth of peer-to-peer (P2P) hires into an economy of considerable value. Despite its growing significance there has been little attention on P2P sharing from private law and regulation, resulting in a dearth of legal norms fit for governing the provision of goods and services amongst consumer peers. This regulatory gap has enabled commercial platforms to construct elaborate contractual frameworks which they use to dictate the terms of engagement for large swathes of the P2P market and impose obligations on private parties. To address this gap, this paper proposes the use of bailment as a potential instrument in governing norms for P2P sharing, with the aims of harmonising participants' legal obligations, protecting them from the vagaries of platforms' user policies, and managing their risks as they engage in sharing. [ABSTRACT FROM AUTHOR]

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd 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 the last 10 years the blockchain technology has become mainstream research topic because of its features that offers, as: decentralized system, peer to peer (P2P) transaction, distributed consensus, and anonymity properties. Also, the blockchain technology overshadows regulatory problem and technical challenges and one of the opportunities that offers the blockchain technology is the 'smart contract'. A smart contract is a set of programs that can be much better from the traditional contracts for some features which are self-verifying, self-executing and tamper resistant. Also, smart contract with the integration of blockchain technology without which cannot function, is capable of doing a task in real time with very low cost and provide a greater degree of high security level. The aim of this paper is to explain the concept of the smart contract and its components and function. The paper is aimed at presenting the issue of smart contract, blockchain technology. The specific focus was on the application of smart contracts in real estate. [ABSTRACT FROM AUTHOR]

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.

Participants in obligations are obliged in the legal transaction to comply with good business practices. On obligations, apply customs and usage if the participants in the obligatory relationship arranged their application or if it appears from the circumstances that they wanted their application. Starting from that, codification and harmonization of law are inevitably related to a comprehensive procedure, the aim is to create a system of commonly agreed upon principles and regulations for contract law at a national level. Moreover modern contract law emphasizes the importance of faith. Parties are expected to act fairly towards each other during all stages of contracting. From negotiation to performance. Fostering trust and cooperation. Lastly contemporary contract law recognizes remedies for breach of contract. When one party fails to fulfill their obligations without justification remedies such as damages or specific performance may be sought by the aggrieved party. These principles form a foundation for contract law by establishing guidelines for fair and enforceable agreements between parties, in various commercial transactions. Barriers that seem to impede the seamless flow of transactions will be eliminated through the establishment and acceptance of harmonized regulations governing contracts, thereby enhancing legal doctrine. [ABSTRACT FROM AUTHOR]

Negotiation features in Contract Law in numerous guises. (1) Courts recognise that negotiation may precede agreement (2) Courts will enforce agreements made after a negotiation process where parties intended to enter into legally binding arrangements (3) Courts decline to construe the contract by interrogation of the negotiations which led up to the point of agreement (4) A Court may create imaginary negotiation evidence, gleaning this from a Court simulated negotiation between hypothetical parties to the actual agreement (5) In the event of a breach of contract, a party may establish that the breaching party had actual knowledge of a state of affairs that might be a not improbable result of that breach. That actual knowledge will almost certainly have been created or transferred during negotiations. In this note, I argue that the principles of construction at 3 and 5 above are manifestly mutually incompatible. The logic of my argument is that reconsideration of the exclusionary rule is merited, particularly in the light of multiple exceptions and given the fact that Judges routinely deal with evidence of negotiations. As the actual knowledge rule is unexceptionable and the exclusionary rule highly questionable, coherence can be brought to the law relatively easily. [ABSTRACT FROM AUTHOR]

The Covid-19 pandemic led to a surge in the use of video-conferencing services offered by Zoom, which has continued in post-pandemic times. This paper sheds light on Zoom's contractual terms related to governing law and jurisdiction, and its applicability in Emirate and French laws. It attempts to answer the question about the circumstances in which the local courts will take jurisdiction over a dispute, notwithstanding that the parties agree that such disputes will be resolved in the jurisdiction stated in the clause. It also provides an analysis of the exclusion and limitation of Zoom's liability clause. Specifically, it looks at the effectiveness of the limitation of Zoom's liability in Emirate and French laws. The study emphasizes the need for policy and legislative framework to address this new area of law and technology to protect users from contractual terms in e-services agreements since video conferencing services continue to thrive and drive growth in the post-pandemic world. [ABSTRACT FROM AUTHOR]

The full-scale invasion of Ukraine and crimes against humanity accompanying it have been fuelled by the mass spread of fakes and hatred incitements, forcing the largest online platforms to review and strengthen their content moderation policies. However, the approaches taken by platforms have not been perfect, and some of them could even exacerbate the situation. All in all, this is another evidence of the need to develop mechanisms being able to cope with the challenges to online speech and safety caused by dramatic social events. Basic approaches to address content moderation issues developed by now are self-(co-) and state regulation, on the one hand, and contract and human rights law, on the other. However, neither of them taken separately can ensure the needed level of protection of human rights online. Thus, in this article the ways to combine and improve these approaches are proposed. On the one hand, there is a need to dwell on private law mechanisms allowing to ensure the protection of human rights by virtue of judgements in private disputes. On the other hand, state regulation should be improved by international instruments allowing to provide for a uniform approach to regulation at a global scale. [ABSTRACT FROM AUTHOR]

Contract terms can be express or implied. But what does that mean? I argue that the distinction can be illuminated by reference to the philosophy of language. Express terms are best understood by reference to the truth-conditional content of the parties' agreement; implied terms are derived from express terms by a process of reasoning, albeit one aimed at establishing the parties' commitments. [ABSTRACT FROM AUTHOR]

Historically, if a creditor through his conduct prejudiced or injured a surety in the latter's rights or interest, the surety was entitled to claim release from his obligations under the general prejudice principle. However, the principle was summarily rejected by the Supreme Court of Appeal in Bock v Dubororo Investments (Pty) Ltd 2004 2 SA 242 (SCA), and it may now be determined whether there exists another interpretation in order to ensure its survival. This article considers the historical application of the general prejudice principle in suretyship agreements under South African law since the principle’s original incorporation from the English law up until its outright rejection by the Supreme Court of Appeal in Bock. It then aims to reinterpret the principle in the light of ordinary contract law principles as being nothing more than a breach of contract by the creditor. [ABSTRACT FROM AUTHOR]