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This article highlights a new discussion in Colombia, that is, the role that arbitration could play in consumer law. The paper also analyses a signature case in U.S. arbitration consumer law (AT&T Mobility v Concepcion), which offers the basis to open the debate of small claims contested during a Class Arbitral proceeding. It also weighs on the legal nature of Class Waiver Clause. It furthers on the possible sanctions that could be imposed on that clause, to conclude that Consumer Law in Colombia deserves a better and effective procedure favoring consumers by voiding with inefficacy a possible Class Waiver in an arbitration agreement.

Legal translation enjoys significance in both empirical and theoretical aspects, while the historical perspective can help the academia and translators to know the past of certain specific field of laws so as to produce better translation versions. Based on commonly accepted translations theories, this article explores the historical importance of contract law in perspective, analyzes the process of development, exhibits the translation achievements and experiences from major translators and agencies, thus, some paradigm and future advices can be drawn therefrom. Employing a theoretical method in a history angle is not that frequently used in translation practice, however it is also not that rare, it can be a start for not only contract law per se, but the whole legal translation in balance. [ABSTRACT FROM AUTHOR]

The purchase of Covid-19 vaccines by the EU Commission as agent for the Member States has caused substantial political discussion, including a lawsuit against the producer AstraZeneca in Brussels in 2021. The article looks at these purchase contracts as examples for a problematic use of "best efforts" clauses in commercial contracting, considering some key jurisdictions. The clauses are discussed from a drafting perspective, including their function and their theoretical background in comparative law. It concludes with a primer for the drafting process, looking at some basic contracting schemes for softening or intensifying obligations. [ABSTRACT FROM AUTHOR]

This article highlights a new discussion in Colombia, that is, the role that arbitration could play in consumer law. The paper also analyses a signature case in U.S. arbitration consumer law (AT&T Mobility v Concepcion), which offers the basis to open the debate of small claims contested during a Class Arbitral proceeding. It also weighs on the legal nature of Class Waiver Clause. It furthers on the possible sanctions that could be imposed on that clause, to conclude that Consumer Law in Colombia deserves a better and effective procedure favoring consumers by voiding with inefficacy a possible Class Waiver in an arbitration agreement. [ABSTRACT FROM AUTHOR]

Copyright of Revista Inciso is the property of Universidad La Gran Colombia, Seccional Armenia 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 Română de Drept al Afacerilor is the property of Wolters Kluwer Romania 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 use of generative AI systems is on the rise. As a result, we are increasingly often conversing with AI chatbots rather than with fellow humans. This increasing use of AI systems leads to legal challenges as well, particularly when the chatbot provides incorrect information. In this article, we study whether someone who decides to contract on the basis of incorrect information provided by a generative AI chatbot might invoke the fraud regime to annul the resulting contract in various legal systems. During this analysis, it becomes clear that some of the requirements that are currently being put forward from a public law perspective, such as in the European AI Act, may also naturally arise from existing private law figures. In the same vein, this analysis highlights the interesting intradisciplinary feedback between instruments of public law and other legal domains. [ABSTRACT FROM AUTHOR]

This article addresses the role of Aristotelian thought and method in contract analysis, and how this analytical method has transferred to modern thought through Christian theologians, especially Thomas Aquinas and late scholastics. The purpose of this research is to raise this significant legal challenge for Iranian law and to address the experiences of Western law in this problem. The result of this research is that, contrary to the appearance of Western philosophy that shows the foundations of Aristotelian thought have been severely criticized and discarded since the seventeenth century, the framework of the teachings of contract law has been based on Aristotelian and Thomasian thought, and more so by late scholastics and the Spanish natural law school and in fact, intellectuals like Hugo Grossius have finalized these preliminary intellectual works. Meanwhile, the influence of Iranian and Islamic philosophy and thought in these teachings, through their influence on St. Thomas, is not deniable. I hope that the study of this article will make Iranian law faculties more aware of their difficult and significant task ahead, and that cultural and scientific policymakers will know that the law school is not a place just for the production of legal degrees for individuals and that its work is more significant than the work of medical school.

In the article on the basis of analysis of Ukrainian legislation and doctrinal sources are considered issues of classification of civil law contracts. The article analyzes a number of aspects of legal regulation and determination of certain theoretical and practical issues of classification of civil law contracts, designation of approaches to determination of contract classification criteria and explores the problems of application of certain methods of contract classification. There can be no doubt that economic life objectively involves the need of society in some methods and ways of organizing and determining relationships between individuals. The most important and universal legal construction which satisfies that need is a contract: contract is prerequisite for functioning of private relationships. Aforementioned causes necessity in legal researches in the sphere of classification of civil law contracts. Such scientific studies can serve as a fundament for development of legislation and provide the great support in filling the gaps in existing law. Special attention is paid to the legal classification of contracts determined by Civil code of Ukraine. In article is emphasized that doctrine is not unified in questions related to the grounds for the classification of contracts and thus different approaches to such classification are analyzed. Two major methods of classification of contracts are distinguished. The dichotomy of division constitutes the essence of the first method of classification. The drawback is, however, that this way of categorization does not cover all existing types of contracts. According to the second method, contracts are divided into different groups, but there exist no uniform criterion for the classification. This article therefore contains accurate exploration of logical consistency of criteria used for classification of contracts and practical importance of different ways to categorize civil law contracts.

The article deals with limitation of claims in Poland, Ukraine and Germany. The authors made a conclusion that the most liberal solution in the area of contractual regulation of limitation is provided in the German Civil Code, which allows shortening and prolonging the statutory limitation period, whereas the most severe is provided for in the Polish Civil Code, prohibiting it altogether. An indirect solution has been adopted by the Ukrainian Civil Code, which allows only the extension of the statutory limitation period. These different legislative solutions demonstrate that the national legislators are partially different in their view of the reasons justifying the statute of limitations. Newer prescription regulations, to which the German and Ukrainian ones belong, are largely similar to each other. The same can be said about the Polish academic project of the general section of the civil code. The Principles of European Contract Law have had a significant impact on teaching of civil law, as well as on national legislators.

The article discusses the level of development of Western European law and the operation of the principle of freedom of contract in the period of the XVIII–XIX centuries. The evolution and key changes in contractual freedom since the adoption of the laissez-faire doctrine are displayed. The author connects evolution in positive law with the transformation of the economic and socio-ethical thought of society.

The purpose of this work is to define the legal systems on commercial concession (franchising) regulation in the world practice, and also identification of the specifics of commercial concession contractual regulation in Russia, and analysis of all changes in civil legislation regulating the institution of commercial concession and the identification of trends in its development within the framework of the ongoing legal reform. The general scientific basis was formed by the general scientific (dialectical) method of obtaining knowledge, and also comparative legal and logical methods, which allowed us to consider the problems of the civil legislation development in the field of commercial concession. The analysis of civil legislation reveals the directions of its development and improvement in the field of commercial concession. Using the example of a comparative analysis of foreign experience in regulating commercial concessions, trends in the development of Russian civil legislation are shown. Particular attention is paid to changes in Chapter 54 of the Civil Code of the Russian Federation as part of the civil legislation reform. A scientific study of the legal regulation system for commercial concession (franchising) abroad was carried out, as well as trends of changes in the norms of Russian civil legislation in the field of commercial concession were analyzed. The theoretical provisions formulated in the article can be useful for determining the effectiveness of civil legislation that enshrines the contractual regulation of commercial concession, and they can be used in law enforcement practice, as well as in the course of "Civil Law" study.

The present research article focuses on the description of the dynamics of Europeanization of two fundamental concepts of Georgian property law and the law of obligations—acquisition of a thing from a non-authorized alienator and the unified concept of breach of obligation—in the context of reception of German law. At the historical stage of formation of the Civil Code of Georgia (CCG), focusing on the conceptual framework of German civil law, the German law, in its turn, was an integral part of the Europeanization process. Hence, Europeanization influenced the development of Georgian civil law through the reception of German law. When referring to the reception of German law in this article we simultaneously mean the process of Europeanization of Georgian civil law, which penetrated not directly but rather through the reception of European (in this case, German) codification. The ongoing reform of Georgian civil law inevitably requires its legal harmonization with EU codifications in the context of central paradigms of acquisition of a thing from a non-authorized alienator and the unified concept of breach of obligation. Analysis of the dynamics and often contradictory root of the Europeanization of Georgian private law will enable scholars and legislators conduct legal approximation process on the basis of research-based recommendations.

After the conclusion of a contract, uncontrolled situations of the parties may lead to non-performance of the contract not only in the form of impossibility but also through excessive onerousness. This paper is seeking to compare regulations and cases concerning change of circumstances of the contract under the Indonesian and Dutch legal systems. The aim is to compare a legal remedy when the contract is imbalance and puts other party in burdensome condition to perform. Indonesian law still uses the all-or-nothing approach of termination and rejects the concept of subjective (relative) force majeure to modify a binding contract, although in some cases Indonesian Supreme Court has modified some contracts on the basis good faith principle. Dutch law, on the other hand, has an explicit provision for adjustment of contract on the basis unforeseen circumstances in Article 6:258 DCC. This jurisdiction accepts that unforeseen circumstances can be justified as a basis for adaptation of the contract.

The notion of employment as a relational contract has received much academic attention and is gradually being recognised by common law courts in judicial decision-making. This article focuses on a primary question: what impact, if any, could that relational classification have on the remedies available where an employment contract is breached? Given that this question has not yet been considered judicially, and only mentioned in passing in academic writing, this article seeks to probe the question by traversing existing judicial and academic understandings of employment contracts as relational in nature. It then considers the potential impact that the relational classification may have on the remedies available to employees whose employment contracts have been wrongfully terminated by their employer. Three options are put forward in respect of the potential impact on the remedy available for breach, each of which is underpinned by a combined theoretical and doctrinal analysis. First, it is suggested that awards for specific performance may become more prevalent. Secondly, there may be a place for a special category of relational damages. Finally, it is acknowledged that the relational classification may end up having no impact on the available remedy at all. [ABSTRACT FROM AUTHOR]

This article critically engages with Peter Benson's theory of contract law. It explores whether his juridical conception of contract as a transfer of rights, which is governed by the contract law's internal principles of transactional justice, can be reconciled with fundamental rights. The article argues that the conventional distinction between the direct and indirect horizontal effect of fundamental rights is problematic because it does not make it unequivocal which body of law – fundamental rights or contract law – substantially governs the relations between contracting parties and determines the outcome of disputes between them. The answer to this fundamental question, however, is crucial for the stability of Benson's theory of contract law. Drawing on the European experience, the article shows that the relationship between fundamental rights and contract law can take the form of the subordination of contract law to fundamental rights or the complementarity between the two. While the latter is compatible with Benson's theory, the former is in tension with it. For the sake of conceptual clarity, therefore, it is useful to distinguish between three forms of the horizontal effect of fundamental rights in contract law – direct horizontal effect, strong indirect horizontal effect, and weak indirect horizontal effect. [ABSTRACT FROM AUTHOR]

This essay raises two challenges to Peter Benson's compelling new account of contract law. First, I argue that Benson's use of the concept of reasonableness goes beyond the Rawlsian account to require that we impute to others a capacity to transcend their contingent circumstances in the context of contractual choice. In fact, our choices in contract are driven by external contingencies and it is only reasonable to take those constrains on other people's choices into account. Second, I contest Benson's related claim that contract law should be, and largely is, content-neutral. I argue to the contrary that the justice of a society depends on the cumulative outcomes from market transactions, and the justice of transactions depends on the justice of the institutional matrix of which transactional law is one part. [ABSTRACT FROM AUTHOR]

The law in force in Palestine, which is based on the provisions of the Mecelle (Journal of Judicial Rules), does not specify in its codes a specific age of majority, which caused lack of legal clarity and judicial contradiction in Palestinian on when a person is eligible to from a legal contract, financial transactions, and legal obligations. While most legal scholars have linked the age of majority to sexual maturity, courts decisions have rather been inconstant on determining the issue, and failed to provide clear explanation or legal justification to when a person reach the legal capacity and the stage of rationality. Thus, this study will show the stages that a person undergoes until he reaches the age of majority, and the legal effects of each stage. It will also prove that, according to the law in force in Palestine, the age of majority and full legal capacity is when a person reaches the age of eighteen. [ABSTRACT FROM AUTHOR]

Copyright of Galician Journal of Economics / Revista Galega de Economía is the property of Universidad de Santiago de Compostela, Servicio de Publicaciones 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.)

Covid-19 has created an unexpected global pandemic which has brought unprecedented and wide ranging restrictions from governments around the world. One result of these events has been profound disruptions to individual contracts. This article considers the nature and history of the doctrine of frustration in English law. The lack of certainty in ascertaining whether or not an event is a frustrating one is examined. A consideration of the particular problems innumerable parties will face in attempting to decide whether or not their contract has been discharged by frustration as a result of Covid-19 and the regulations designed to curtail the virus are made. The article concludes with an overview of the Law Reform (Frustrated Contracts) Act 1943. [ABSTRACT FROM AUTHOR]

Polyamory means consensual, aspirationally gender-egalitarian, non-monogamous relationships. People who engage in such relationships often seek relationship advice. This article is a critical review of a self-help webcomic and other texts in the light of contract theory. Polyamorous people often use contractual concepts to understand their relationships and how to carry them out. Applying critical contract theory, we can trace how problems typical of contractual framing in other fields play out in the poly context. At the same time, these problems are recognized and responded to by poly people, and they dynamically reinterpret core contract concepts. This article thus makes two contributions. First, it provides a study in the way legal concepts percolate out into, and are transformed by, everyday life. Second, in consolidating some ways poly people have solved old contract problems, it offers conceptual tools for the continuing project of imagining more just ways of relating. [ABSTRACT FROM AUTHOR]

Copyright of Education & Law Review / Revista de Educación y Derecho is the property of Revista de Educacion y Derecho 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.)

By 2030, the United States will consume over 300 million tons of forest and agricultural feedstocks for energy production. The supply chain necessary to provide unprecedented quantities of new “bioenergy crops,” however, is fraught with uncertainty. The vertically integrated model currently used by the nascent sector may have limited opportunity for expansion to meet renewable energy mandates. A hybrid structure is likely to emerge as the industry evolves, in which end-users closely cooperate with a large number of heterogeneous producers through long-term contracting rather than as direct owners or operators of biomass farms. This “vertically coordinated” industry model is dependent on a series of biomass supply contracts between end-user and farmer. The “take it or leave it” production contracts offered by end-users represent the archetypal cost- and risk-minimization perspectives common in the fossil fuel-based energy context (e.g., petroleum, coal). These initial offerings lack many of the considerations provided in agricultural-based contracting and are unlikely to engender the level of dedicated energy biomass cultivation needed to meet renewable energy mandates. In response, we propose an alternative Biomass Contract Framework, which incorporates three separate theoretical approaches to contract design with the objective of removing barriers to entry into the market. Incorporating a socioeconomic perspective into the more familiar risk- and cost-minimizing approaches found in contract theory literature will enhance producer ability to maintain existing social networks, while minimizing farmer disincentives to enter into production contracts for novel biomass crops. Our Framework also recognizes end-users’ needs to meet emerging environmental sustainability requirements, even perhaps facilitating “shed-level” coordination.

The Standard Material Transfer Agreement (SMTA) of the Plant Treaty is the primary legal tool for making monetary benefit sharing work. International public law, including the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), is binding on states and have no legally binding effect on private companies. Access and benefit‐sharing, both under the ITPGRFA and the convention on biological diversity (CBD), aim at altering the actions of private users and companies. This article analyses the SMTA from a contract‐law perspective raising the question whether the SMTA can work as a binding contract? For a contract to work it must establish legally binding and enforceable obligations on a user of plant genetic resources. The method is to analyse the current SMTA from a contract legal language perspective. It will investigate, ways of coining the obligations in the wording, unclear trigger‐points, lack of remedies against breach of contract and limited enforcement mechanisms can explain lack of user payment. It will draw on contract‐law research to outline possible ways forward to an improved SMTA. The main aim is to contribute to a future improvement of a second generation SMTA. [ABSTRACT FROM AUTHOR]

This paper examines the relation between state contract law and the use of accounting information in debt contracts. Contract theory suggests that balance sheet based covenants resolve debtholder-shareholder conflicts ex ante, whereas income statement based covenants serve as trip- wires that trigger the switch of control rights ex post. It is more difficult for lenders to exert their control rights ex post if the contract law is more favorable to debtors (i.e., the law is pro-debtor), suggesting that balance sheet based covenants are more efficient in these jurisdictions. We therefore test and find evidence that lenders using pro-debtor (pro-lender) law are more (less) likely to rely on balance sheet based covenants. We measure reliance using both the weight of balance sheet covenants relative to income statement covenants and the covenant strictness. Our analysis further shows that contracts with performance pricing grids are less likely to include interest increasing grids when the law is more favorable to debtors. The results provide initial evidence that contract law is an important determinant for the design of debt contracts. [ABSTRACT FROM AUTHOR]

This article addresses the application of good faith and the principle of solidarity through the analysis of the Italian and Ecuadorian legal system. In this perspective, its role in the current pademic context caused by covid-19 is examined. Above all, it highlights how good faith and solidarity could be used to address 'abusive behaviors', such as the irrational increase of the prices of masks and other personal protection equipment against the virus. [ABSTRACT FROM AUTHOR]

The study aims to characterize the changes in contract law under the influence of the Covid-19 pandemic in Ukraine and the world. For this purpose, we used systemic, comparative-legal, and formal-legal methods. The paper consists of an introduction, methodology section, bibliography review, results, discussion, conclusions, and references. In the result of the study some distinctive features of changes in contract law under Covid-19 pandemic at the level of national law of Ukraine and some foreign countries were characterized and highlighted. The authors came to the conclusion that changes in contract law are typical for the countries of continental law. Instead, common law states remain resistant to changes in contract law, particularly, the force-majeure application. The reason for this lies in the specific doctrine of the common law countries, as England and the United States. These countries' courts remain unshakable in terms of managing the contracts performance. In contrast, some Asian and European states (including Ukraine) are characterized by dynamic changes in legislation, given the pandemic situation. The paper also discusses similar institutions like hardship and frustration of purpose, which are both applicable in continental and common law countries. [ABSTRACT FROM AUTHOR]

In Great Peace Shipping v Tsavliris Salvage, the English Court of Appeal rejected the equitable doctrine of mistaken assumptions, arguing that the doctrine lacks a principled foundation. Defenders of the doctrine appear to agree that the doctrine lacks a coherent animating principle, but they think that its open-endedness is an argument in its favour. Against both the critics and the defenders, this article argues that the equitable doctrine of mistaken assumptions is a principled doctrine, one that protects individual self-determination by setting aside a contract that, due to a mistake about the quality of the thing contracted for, serves the purposes of one of the contracting parties but none of the other's. This defence of the equitable doctrine may seem to be an argument for replacing the narrow common law doctrine of mistaken assumptions with the equitable one, but I argue that it is not. The common law and equitable doctrines of mistaken assumptions are founded upon distinctive conceptions of human freedom, and each doctrine understands the normative significance of mistake in a manner suitable to the conception of freedom underlying it. Moreover, these conceptions of freedom are each incomplete on their own; they require each other for the vindication of their own claims to be conceptions of freedom. The English Court of Appeal was therefore wrong to conclude that the law of contracts must choose between the doctrines of common law and equitable mistaken assumptions; on the contrary, a law of contracts respectful of the freedom of its subjects requires both. [ABSTRACT FROM AUTHOR]

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis 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 paper reflects on surrogacy, by taking into consideration three major items. The first one concerns surrogacy as contractual practice and the possibility to subsume numerous relational dimensions under contractual schemes. The second item relates to surrogacy as reproductive justice, namely by delving into the issue of whether the area of reproductive rights includes women's choice of being surrogate mothers. The third one addresses the issue of surrogacy as a possible LGBT right to have access to medically assisted procreation. In the final remarks, the author tries to outline a 'queer' ontology of the person, by seeking to identify two legal models that are sketched in the article. [ABSTRACT FROM AUTHOR]

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. [ABSTRACT FROM AUTHOR]

This article deals with the Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services. The Directive says that Member States are free regarding the question of the legal nature of contracts for the supply of digital content or digital services. The Directive must be transposed into national law by 1 July 2021 and the date of entry into force of the transposition rules shall be 1 January 2022. As contracts for the supply of digital content and digital services were not previously regulated, the major challenges for Member States are the contractual meaning of personal data and categorisation of these contracts. The article explores the link between consumer consent to process personal data and the contractual consequences of withdrawal from such consent, specifically the trader’s right to terminate the contract. The author supports the need to grant traders the right to terminate the contract in order to provide balance between the rights and obligations of the parties in accordance with the existing national law.

Il pensiero ordoliberale è stato oggetto di grande attenzione negli ultimi anni. I cultori del diritto antitrust hanno distinto fra l’ordoliberalismo e altri tipi di neoliberalismi, con riferimento alle possibili limitazioni da imporre all’autonomia dei privati. L’articolo è dedicato in primo luogo all’analisi del modo in cui i primi ordoliberali hanno affrontato la questione delle condizioni generali di contratto, e all’impatto della tesi di tali studiosi sulla successiva disciplina tedesca ed europea. Ci si sofferma sulla differenza, nella trattazione del tema, fra l’approccio europeo e quello statunitense. Ancora oggi il neoliberalismo d’Oltreoceano porta a un intervento minore sul contratto rispetto a quello che si registra in Europa, riconducibile alla cultura ordoliberale. Ordoliberalism has been recently the object of many studies. Antitrust lawyers distinguish between ordoliberalism and other kinds of neoliberalism, with reference to limitations on private parties’ autonomy. This paper focuses on the way in which ordoliberals treated the question of general terms and conditions of contracts. Focus is made also on the difference between the European and the US approaches on the topic. It is found that still today the US neoliberal approach affects contracts less than the European ordoliberal one. JEL codes: K12, K21, K15

This paper investigates the constitutionalisation of the test for statutory illegality (the test) in South African contract law, firstly through a careful evaluation of the manner in which the Constitutional Court (CC) applied the test in Cool Ideas v Hubbard, secondly through the manner in which the CC purports to constitutionalise the test in the said case, and thirdly through asking if such a method is desirable in the constitutional dispensation. It can be conceded that the approach taken by the main judgment to the application of the test in this case is more compelling than that taken by Froneman J. However, the fundamental differences in these approaches, particularly in the determination of the impact of the Constitution and its underlying values, highlight the need for an investigation into the test and the way it should operate in the constitutional dispensation. The paper begins by setting out the test and shows that it is capable of reflecting the values that underlie the Constitution (while maintaining a workable level of legal certainty) and that the test can operate in a manner that enhances the vision and goals of the Constitution. It also proposes a framework within which the various factors of the test should be weighed up, with a view to determining whether the contract under investigation is valid or invalid. Then the paper evaluates the CC's application of the test. It criticises the main judgment for its incomplete undertaking of the enquiry envisaged in sections 8(1) and (2) of the Constitution, as it took into account neither the "spirit, purport and objects" underpinning section 25(1), nor the fundamental values of the Constitution. It also criticises Froneman J's judgment for not connecting the value of fairness with the "spirit, purport and objects" underpinning section 25(1) or the broader fundamental values of the Constitution. Thereafter, it considers the manner in which the CC purports to constitutionalise the test. It points out that equity considerations apply in all matters, whether a substantive right is implicated or not, as they ensure that the "application" and "interpretation" of a statute enhance and are in line with the "objective normative value system" that is the Bill of Rights. Lastly, it considers the desirability of the CC's approach to the application of the test and its constitutionalisation. It points out that the main judgment goes to the extremes of objectivity in interpreting the relevant provisions of the Housing Consumers Protection Measures Act, 1998 (within the application of the test), while Froneman J goes to the extremes of subjectivity. In this regard, it suggests that courts can use the "balance of convenience" test to adjust their decisions to accommodate the circumstances of each case. Therefore, it concludes that the approach to constitutionalising the test lies somewhere between that of the main judgment and that of Froneman J

The current Indonesian contract law which is inherited from then Dutch colonial is no longger compatible with the the rapid development of international trade and business practice. Indonesia, therefore for quite long time, has made an effort to reform its contract law. However, those efforts are not successful so far. The entry into force of the ASEAN Economic Community in 2015 is a good momentum for Indonesia to revisit the idea of the reform. This research tried to find out the most possible approach for the reform. The research applied normative juridical method with futuristic approach. In conclusion, UPICC as an international instrument may well serve as model for the new Indonesian contract law. With its soft law character, UPICC may flexibly be adjusted in order not to prejudice the fundamental principles of Pancasila.

In 2006, Donald Trump submitted a planning application to transform an area of protected dunes and open countryside along the coast of north-east Scotland into a major golf and leisure resort. He claimed the golf course would be the greatest in the world and would transform the region’s oil economy. Citing the economic benefits, the Scottish Government approved the project in 2008. Trump has constructed the golf course but has failed to deliver the hotel and other elements of the project. Against the backdrop of planning deregulation, the paper examines why the officials failed to include appropriate planning conditions to ensure delivery of the project and prevent a great incomplete planning disaster. Recognising the limitations of current public law enforcement mechanisms, it invokes concepts borrowed from contract law. Holding that Trump is in breach of contract and has benefitted from unjust enrichment, it broaches the possibility of applying damages, restitution and specific performance as alternative remedies.

Differences in the civil law system in each country will substantially distinguish the legal principles adopted and the regulation of the treaty law. This study seeks to analyze the principles of law that exist in Indonesia in ensuring certainty in the implementation of contracts as a derivation of treaty law. In general, the basic principles of treaty law have been legalized in various forms of regulations and in the national legal system. Taking various perspectives on the main theories on justice and expediency, this study originally focused on the state's authority to guarantee the rights of citizens in agreements. The results of the study revealed that the principle of consensualism relating to the birth of the contract, the principle of freedom of contract relating to the contents of the contract and the principle of binding force relating to the effect of the contract of principles in carrying out the agreement absolutely must be fulfilled if the parties agree to bind themselves in carrying out legal actions. [ABSTRACT FROM AUTHOR]

Both Islamic law and Pakistani law mandate that in order to create a valid and enforceable contract, parties should have capacity to contract and for that purpose minor is considered incompetent. However, on the points of the criteria used to ascertain the majority, effects associated to the contract thus concluded by minor either independently or with the permission of guardian, Islamic law and Pakistani law are having analytical inconsistency. This can be put to rights if all questions relating to the contracts involving minor are regulated by existence of capacity to contracting parties and an objective criterion for the determination of such capacity is laid down. To this aim, this paper explores the statutory and precedential law of Pakistan and interpretations of Muslim jurists on the subject to find out that prescription of certain age for the identification of majority brings more certainty into the law governing the contract regime. [ABSTRACT FROM AUTHOR]

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. [ABSTRACT FROM AUTHOR]