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From his first play, Love and a Bottle (1698), to the masterpiece that crowned his career, The Beaux' Stratagem (1707), George Farquhar's oeuvre is traversed by legal motifs and legal scenarios, from satirical attacks upon the judiciary, to serious engagements with the law of contract, in contexts as varied as military impressment and spousal neglect. The period that followed the accession of William and Mary, in 1688, and the Bill of Rights to which they assented in 1689, is commonly regarded as being governed by contractual relationships between rational individuals, entering into reciprocal obligations, pursuing their interests, while recognizing their natural rights. But Farquhar's comedies exhibit a conspicuous distrust of the legal profession, and of contract as a means of ensuring ethical solutions either to domestic or political conflicts. Farquhar's engagements with the law, in general, and the law of contracts, in particular, reorient drama away from the rights of the liberal subject, autonomously imagined, toward renewed conceptions of the social good, and the ethics of the community, replacing regulatory frameworks with emancipatory dispensations, in the benevolent comic spirit that characterizes his works. [ABSTRACT FROM AUTHOR]

During the nineteenth century, legal writers began to put the law of contract into a more rationale and ordered framework. This approach reached its apotheosis in the classical law of contract, which retains some influence in modern times. At its core was the belief that contracts were formed by a meeting of wills – that is, contracts were based on consent. Historically, however, there are instances where the law refused to enforce a contract even if the parties had seemingly freely consented to it. Two major examples were contracts that were against morality or public policy. Both of these categories evolved in the nineteenth century. They came to be seen as increasingly anomalous and restricted. They did not, however, disappear altogether. [ABSTRACT FROM AUTHOR]

This article provides an overview of the most relevant cases decided by the Court of Justice of the European Union concerning contract law. The present issue covers the period between the beginning of June 2021 and the end of December 2021. Out of a total of 329 judgments decided in this period, 55 had a contract law dimension. [ABSTRACT FROM AUTHOR]

T erms of service and privacy policies are long complicated legal documents. Users agree to the terms of these agreements without reading or understanding their rights and responsibilities. People of all ages and backgrounds are subjected to mostly unregulated contracts and uses of personal data from nearly every facet of modern life. Social media, banking, gaming, news, healthcare, education, and work have terms of service and privacy policies that users must adhere to, usually with no opportunity to negotiate terms, or they can choose to not take part in that part of life. Companies such as Facebook and Apple use deliberately long and confusing terms of service with linked documents, to confuse or hide policies or controls. The contracts can be updated or changed whenever the company decides. Other companies such as Google, choose to write shorter, vague policies to give broad access and permissions to user's information. Most users do not believe they have the time or ability to read or understand the contracts they are agreeing to. There are no laws in the United States that governs how understandable terms of service, acceptable use, or privacy policies must be. With no legal or administrative requirements, companies are legally permitted to create long confusing agreements and require users to sign to use their services. This article highlights the issues with examples and offers a legislative solution using successful reforms of the past linked to plain language, the Fair Credit and Charge Card Disclosure Act, and Android mobile permissions enhancements. [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.)

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.)

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

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

Background: The outbreak of COVID-19 has greatlyinfluenced the world’s economic situation. Its lethal potential as well as its drastic effects on international contracts, would lead to the post-pandemic litigation and arbitration questioning the applicability of the doctrines of force majeure, frustration, and hardship as an excuse of non-performances of several contractual obligations amidst the COVID-19 pandemic. Purpose: This research will discuss on the matter of the applicability of the aforementioned doctrines and its subsequent effects to excuse a non-performing party. Methods: This research uses normative juridical method with descriptive analytical approach by researching library materials and secondary data. Results: Invoking the force majeure clause requires the event to occur externally beyond the obligor's control; the event and its consequences could not reasonably avoided or overcome by the obligor based on an external event not by their own fault. On the other hand, contracts can be frustrated under several bases, such as changes in the law, supervening illegality, outbreak of war, cancellation of an expected event, and abnormal delay outside what the parties could have reasonably contemplated at the time of contracting. While the requirements of hardship encompass the occurrence of an event for which the obligor has not assumed the risk, nonforeseeability, unavoidability and the causing by the event of a fundamental economic disequilibrium in the contract. Conclusion: To apply the doctrines of force majeure, frustration, and hardship as an excuse of non-performance of contractual obligations during an unprecedented event such as the COVID-19 outbreak, it must be assessed on a case-by-case basis of the language of the contract in light of the governing law and the circumstances of the parties’ commercial relationship. [ABSTRACT FROM AUTHOR]

One of the most striking differences between the Civilian jurisdictions and the English common law has been the reluctance of the latter to adopt a general principle of good faith in contract. Scots law, however, often seeks to exercise the functions of good faith but does not recognise it as a general principle. In recent years, English law has begun to identify good faith as an implied term in "relational contracts", a concept with sociological and economic origins. This article applies that development to Scotland by exploring the relationship between good faith and the relational contract from a Scots-Roman perspective. It will be shown that the historical sources of Scots contract law, from the Roman reception to the Institutional Writers, are fully compatible with relational contracts. It goes on to consider how a Scots law approach to good faith in relational contracts might orientate itself to the English authorities. [ABSTRACT FROM AUTHOR]

Contract law is a crucial aspect that aids in maintaining business partnerships and protecting contracting parties. Businesses can build relationships and engage in transactions more quickly if they comprehend the elements that render a contract enforceable and the potential repercussions of breaching an agreement. However, contract law principles might vary from country to country. Moreover, despite numerous parallels, Islamic and Sharia law treat contract law differently than western law. Furthermore, Sharia law is frequently distinct and more stringent than the laws of many Muslim nations. In this study, the researcher analyzed Islamic and Sharia contract law with Iraqi Contract law to determine whether Iraqi law is a hybrid of Sharia and western law. Despite being slightly more flexible, it was discovered that Iraqi contract law is mainly founded on and adheres to sharia teachings and contractual criteria. [ABSTRACT FROM AUTHOR]

Covid-19 is a social disaster, an unforeseen and unavoidable event affecting most of the pre-existing contracts, which has occurred beyond the control of the parties. The drastic measures taken by governments to protect public health, emanated some radical changes in the circumstances on which most of the contracts were based. The impact of Covid-19 differs in various contracts. It adversely affects some of the contracts by preventing or impeding the disadvantaged party to perform, whereas in some other cases it causes a radical change in circumstances generating an excessive difficulty to the fulfillment of the contract, which renders performance unreasonable and the contract unfair. It is also possible that the contract might even not be affected by the pandemic. In short, it renders some contracts impossible and for some others, it makes them unreasonably difficult to perform. This article focuses on the agreements "infected" by the Covid-19 pandemic, by studying its legal implications. Within the framework of this article, the legal nature of the pandemic will be presented and its impact on the contracts will be discussed. The aim is to provide both academic analysis and an idea of the way civil law and common law systems are coping. [ABSTRACT FROM AUTHOR]

Commercial arbitration in Poland has to face contemporary problems, including those related to the constant development of information technologies, and therefore new technologies. It is seen during the COVID pandemic. This article is intended to assess the state of Polish regulation on the background of European Union regulations in the abovementioned area and to propose potential changes to the Polish legislation1 if they are needed. [ABSTRACT FROM AUTHOR]

Copyright of Revista Eleuthera is the property of Universidad de Caldas 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 Anales de Derecho is the property of Servicio de Publicaciones de la Universidad de Murcia 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.)

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

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

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

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

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

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

A contract written in natural language describes the parties' rights and obligations. It cannot, however, 'do' anything. It produces legal not physical effects. Traditional contracts do not instruct computers to perform any operations. Contracts expressed in code could. The question arises: can we convert contractual documents from being passive embodiments evidencing agreements into active files containing computer instructions? The ability to guarantee that contracts are performed as agreed, an idea underlying 'smart contracts,' depends on the ability to express obligations in code or, more specifically, on the ability of code to express obligations exactly as agreed. Not every obligation can, however, be encoded - be it due to its very nature or to the limited expressiveness of programming languages. Highlighting the interplay between form and substance, this paper presents the complexities involved in expressing contracts in code. Before contemplating the technical aspects of 'smart contracts' we must confront some preliminary questions: what are we trying to encode – and for what purpose? Can the entire contract be expressed in code? Should we focus on translating legal prose into code or on encoding specific tasks that serve to discharge obligations? This paper provides the groundwork for more ambitious projects in the area of 'smart contracts.' [ABSTRACT FROM AUTHOR]

This paper explores the promise of pluralism in the realm of contract law. I begin by identifying and rejecting conceptual strategies adopted by monistic and dualistic approaches. Turning towards pluralism, I evaluate three versions in contemporary literature: pluralism across contracting spheres and types, pluralism through consensus and convergence, and pluralism through localised values-balancing and practical reasoning. I suggest embracing some pluralism about contract pluralism, by using these models to construct a framework of 'meta-pluralism', where at the macro-level, we are concerned with plural spheres of contracting activity; at the meso-level, a variety of trans-substantive interpretive concepts that receive some measure of juristic consensus; and at the micro-level, practical reasoning through particularistic analysis of case-specific considerations. I illustrate the meta-pluralistic framework through a case study on the varieties of specific performance, and explain how the proposed pluralistic framework enriches our understanding of the nature of contract. [ABSTRACT FROM AUTHOR]

This paper traces the Canadian doctrine of unconscionability's distant voyage in Uber Technologies v Heller 2020 SCC 16 from the familiar waters of the English 'unconscionable bargains' family of doctrines, found in various common law jurisdictions. Since the 19th century, those jurisdictions had included Canada. However, in this important decision of the Supreme Court of Canada, the position of the doctrine shifted significantly. Its movement can be identified as towards the American doctrine of unconscionability, a distinct doctrine not part of the English family, based rather on §2-302 of the Uniform Commercial Code. Court-watchers in the United Kingdom and other Commonwealth jurisdictions wondering whether this reinterpretation of unconscionability might represent a model for progressive reform should understand why it does not. Adrift between two doctrines with different purposes, it is insufficiently suited to serve either. Meanwhile, it may disrupt business reliance on standard form contracts, and cause tremendous contractual instability. [ABSTRACT FROM AUTHOR]

Copyright of IDP: Revista de Internet, Derecho y Politica is the property of Universitat Oberta de Catalunya 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.)

Private sugar processors in Andhra Pradesh, India use an unusual form of vertical coordination. They issue 'permits' to selected cane growers a few weeks before harvest. These permits specify the amount of cane to be delivered during a narrow time period. This article investigates why processors create uncertainty among farmers using ex post permits instead of ex ante production contracts. The theoretical model predicts that ex post permits are more profitable than ex ante contracts or the spot market under existing government regulations in the sugar sector, which include a binding price floor for cane and the designation of a reserve area for each processor wherein it has a legal monopsony for cane. The use of ex post permits creates competition among farmers to increase cane quality, which increases processor profits and farmer costs. Empirical analysis supports the hypothesis that farmers operating in private factory areas have higher unit production costs than do their counterparts who patronize cooperatives.

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