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Economic sociology has neglected contract as an institutional foundation for market relations. It has also given inadequate attention to the role of forms of social difference such as race, gender, and sexuality in constituting market exchange. We argue that these omissions share common origins in the status/contract division that figured prominently in nineteenth-century sociological and legal thinking. In excavating these origins, we trace two alternative routes to “socializing the economy” associated with sociological and sociolegal traditions, respectively. The sociological approach rests on a dichotomous understanding of “status” and “contract,” with the result that social (“status”) relations are seen as regulating market exchange from the outside. By contrast, Legal Realists treat status and contract as copresent elements of social organization. Because status and contract are intertwined, they operate through the internal constitution of power and inequality in the bargaining relationship. We conclude by considering how insights from sociology and Legal Realism might be productively joined in analyzing the labor contract.

In recent years, neurophysiological research has pushed the concept of free will towards a reductionist interpretation, largely avoiding the concept of a freely willing agent. This paper explores the ongoing debate surrounding free will, highlighting the contrasting perspectives of determinism, indeterminism (libertarianism), and compatibilism. It questions how individuals, particularly those adhering to deterministic viewpoints, can ethically navigate a world defined by causal relationships. The paper argues that reductionist approaches struggle to account for ethical responsibility and the human experience of making choices. While compatibilism offers a middle ground, asserting that actions in line with one's desires are free and thus ethically accountable, this stance is scrutinized for its potential limitations in answering questions about personal responsibility. Specifically, it is argued that compatibilism may not be the ideal framework for a neurophysiologist confronted with ethical dilemmas, thus leaving room for the re-examination of indeterminism. Through this discussion, the paper aims to contribute to a nuanced understanding of free will that incorporates both the scientific and philosophical dimensions of human decision-making. [ABSTRACT FROM AUTHOR]

The relevance of the declared topic of scientific research is determined by the specifics of the agreement based on the results of mediation and settlement agreement. Land disputes are complex categories of cases that require significant financial costs and long-term consideration. Therefore, the use of conciliation procedures aimed at a quick settlement of the land conflict is relevant. Effective forms of reconciliation in land disputes are mediation and conciliation. The article is aimed at determining the specifics of the agreement based on the results of mediation and its correlation with the settlement agreement. The leading methods of research are dialectical and systemic methods that allow considering the legal nature of contractual forms of reconciliation. The system method makes it possible to determine the specifics of the agreement based on the results of mediation and settlement agreement. In this scientific study, the content of the agreement was determined based on the results of mediation and the procedure for recognizing the settlement agreement was characterized. The necessity of distinguishing these procedures taking place at any stage of court proceedings and reflecting such differences in the court's decision regarding the recognition of agreements between the parties is substantiated. The theoretical significance of this article consists in the analysis and systematization of the main legal aspects of distinguishing between a settlement agreement and an agreement based on the results of mediation, defining the differences between these two legal constructions, and revealing their legal nature. The practical significance of the article lies in the recommendations for legal registration and resolution of conflicts through mediation or the conclusion of a settlement agreement. It can be useful for lawyers, judges, mediators and all interested parties involved in dispute resolution who wish to understand the differences between these two legal remedies. [ABSTRACT FROM AUTHOR]

This paper studies how a federal procurement regulation, known as the Truth in Negotiations Act (TINA), affects the competitiveness and execution of government contracts. TINA stipulates how contracting officials (COs) can ensure reasonable prices. Following TINA, for contracts above a certain size threshold, COs can no longer rely solely on their own judgment that a price is reasonable. Instead, they must either require suppliers to provide accounting data supporting their proposed prices or expect multiple bids. Using a regression discontinuity design, I find that above‐threshold contracts experience greater competition (i.e., more bids), improved performance (i.e., less frequent renegotiations and cost overruns), and reduced use of the harder‐to‐monitor cost‐plus pricing, compared to below‐threshold contracts. These findings suggest that TINA's requirements enhance competition and oversight for above‐threshold contracts. [ABSTRACT FROM AUTHOR]

The supervision agreement (also referred to as a contract), while long mentioned as an important part of psychoanalytic supervision, has yet to be addressed in any substantive or concrete way in the psychoanalytic supervision literature. What exactly is a psychoanalytic supervision agreement? Why does it matter? What are its components? How do you implement such an agreement? We consider these questions subsequently, our purpose being to accentuate the written (as opposed to verbal) psychoanalytic supervision agreement as central to (a) making increasingly probable a good supervision beginning and (b) providing a facilitative framework and anchoring container within which the work of supervision can be enabled. We propose that the written supervision agreement, while conceivably valuable at any stage of supervisee development, can be of greatest value to those beginning to provide psychoanalytic treatment services and receive psychoanalytic supervision (i.e. Novice phase supervisees). [ABSTRACT FROM AUTHOR]

Article 153 of the Constitution of the Islamic Republic of Iran, recognizing the bitter experience of the past, resulting from the conclusion of hegemonic treaties, has prohibited any contract that causes foreign domination of natural resources, economy, culture, etc. This Article seems to need to redefine the instances of contracts subject to domination because it can lead to misunderstandings. However, this paper seeks to redefine the instances of article 153 while defining "domination" and the scope of the concept of "alien", as well as answer the ambiguities in this field using an analyticaldescriptive method, with library resources and opinions of the Guardian Council. This paper is based on the premise that the objectification of article 153 requires the relevant laws and its explanation and completion by the parliament, and the emptiness of ordinary law in defining the instances of article 153 makes the mentioned principle one of the suspended and silent articles. Therefore, the main finding of the present article is that the instances of the mentioned principle, including "other affairs of the country", can lead to misunderstandings and interpretations that can have profound effects on national interests. [ABSTRACT FROM AUTHOR]

The OAPI member states constitute a space for the harmonization of copyright in Africa. This harmonization is yet to be completed, as attested by the conventional rules relating to the publishing contract. In addition, investigating about the publishing contract in the OAPI space requires an examination of both the text of the Bangui Agreement and that of the national laws of the 17 member states. Some differences must be pointed out keeping in mind the question of possible conflict of laws. [ABSTRACT FROM AUTHOR]

This study aims to understand the social capital inherent in agents and the role of social and economic trust in transactions between beef cattle producers and slaughtering cooperatives in the specialty beef production system in Paraná state, Brazil. This qualitative research involved 31 semi-structured interviews with beef cattle producers, cooperatives, and key agents. Results revealed that social capital, comprising networks and informal norms, favors the condition of trust, enabling the construction of a hybrid governance structure under a complex institutional environment. Social and economic trust between agents facilitates transactions, reduces behavioral and market uncertainties, enables ex-post adaptations, and consequently, reduces monitoring costs and transaction costs. Trust based on social aspects, i.e., social trust, was more relevant for the construction of arrangements, while trust based on economic aspects, i.e., economic trust, had a greater impact on the continuity of arrangements. This reveals that looking at only one of them is not enough to understand contractual arrangements. Thus, this study highlights that unfolding the concept of trust and investigating whether it comes from an economic or social basis is important to understand the complexity of such arrangements, which may influence specialty beef production system design and coordination efficiency. [ABSTRACT FROM AUTHOR]

Copyright of Tabayyun is the property of Arab Center for Research & Policy Studies 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 examines the issues of the system of conflict of laws principles and conflict of law rules regarding the regulation of international commercial contracts, the peculiarities of their application, and the prospects for the development of the corresponding legal regulation in Ukraine. Today, conflict regulation of international commercial contracts in Ukraine is carried out using general and special models. Conceptually, this is related to the application of such conflicting principles as the «party autonomy» of the parties to the contract and the «close connection» of the applicable law with the relevant contract. The general model of conflict regulation of international commercial contracts is manifested in the application of the conflict binding «law chosen by the parties to the contract» (lex voluntatis) in accordance with the rules on the operation of the «party autonomy» principle. Today, in the legal doctrine and legislation of most countries of the world, an approach is used, according to which the parties to the contract are given the opportunity to determine the law that will regulate the relevant transaction with a foreign element. The current legislation of Ukraine on this issue generally reflects the conflict of laws rules generally accepted in international practice. However, it is necessary to improve it, taking into account the provisions of the «Principles on Choice of Law in International Commercial Contracts» (2015). The special model of conflict regulation of international commercial contracts is used in the absence of a choice of competent legal order (law) by the parties to the transaction. As a general rule, it provides for the application of conflict of law provisions, which determine the right according to the «characteristic performance» criterion. However, at the same time, a number of additional conflicting provisions have been established regarding the regulation of certain types of transactions, which are based on other criteria (place of conclusion of the contract, place of execution of the contract, location of immovable property, etc.). Today, the issue of improving these norms in accordance with «Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations» (Rome I) is relevant. [ABSTRACT FROM AUTHOR]

The advocacy of Ukraine is a nongovernmental, self-governing institution that provides protection, representation and the other types of legal assistance on a professional basis, and independently resolves issues of the organization and activity of the advocacy in the manner established by the law. The advocacy of Ukraine consists of all advocates of Ukraine who have the right to practice law. According to the current legislation of Ukraine, advocatory activities are carried out on the basis of a contract on the provision of legal assistance. In this regard, the study of this type of contract and the clarification of its place in the system of regulators of social relations have become extremely important and are the urgent tasks in the domestic legal science. The contract on the provision of legal assistance is an unnamed type of contract at the level of the codified act. Because of this, the provisions of the Law of Ukraine «On Advocacy and Advocatory Activity» have been devoted to its legal regulation. The contract for the provision of legal assistance may also be concluded in favor of the client by another person acting in his interests. In such cases, the rules of the art. 636 of the Civil Code of Ukraine should be applied to it. In particular, the execution of such an agreement on the provision of legal assistance can be demanded both by the person who concluded the agreement and by the client for whose benefit it was concluded. Termination of the contract for the provision of legal assistance at the initiative of the client and/or the person who concluded the contract in the interests of the client is not recognized as an indicator of unsatisfactory work of the advocate (advocatory bureau or advocatory association). After all, the essence of advocacy should consist in providing professional legal assistance to clients to achieve justice in exclusively legal and morally justifiable ways. On the basis of the civil legal analysis of the contract on the provision of legal assistance, it is advisable to support conclusions about its consensual legal nature, belonging to the group of contracts on the provision of legal services, bilaterality, the possibility of being paid or unpaid, fiduciary and, under certain circumstances, aleatory. [ABSTRACT FROM AUTHOR]

The article examines the possibility of introducing European approaches in the process of updating the institution of separate residence of spouses. The experience of European states regarding the regulation of the institution of separation (France, Portugal, Belgium, the Netherlands, Poland, etc.) is clarified in a comparative aspect. Three main approaches to the regulation of the legal regime of separate residence of spouses in foreign countries are singled out: an approach in which the independence of the institution of separation and termination of marriage is preserved; an approach in which the grounds for separation and divorce are the same, so the spouses can choose one of the specified two models; an approach in which dissolution of marriage depends on separation, which must precede termination of marriage. Two approaches in the world regarding the contractual method of establishing a regime of separate residence have been clarified, in particular. The common and distinctive features between separation and the actual termination of marital relations, as well as divorce, have been clarified. The judicial practice in cases of establishing the actual termination of marital relations, separation, as well as the termination of the regime of separate residence of spouses has been analyzed. The position of the Supreme Court regarding consideration of counterclaims for establishment of separation is noted. The need to settle the issue of the place of residence of spouses and children when the regime of separate residence of spouses is established, and the issue of child support, has been clarified. It is substantiated that in the process of Europeanization of the provisions of the Civil Code of Ukraine, it is necessary to provide norms that would provide that during the establishment of the regime of separate residence of the spouses, the rights of children are properly protected and the best interests of the child are taken into account. Other issues related to the rights and responsibilities of husband and wife as spouses can be settled by agreement if they wish. Corresponding changes to the Civil Code of Ukraine have been proposed to provide for a contractual procedure for establishing separation and proper protection of the best interests of the child. [ABSTRACT FROM AUTHOR]

The article analyzes the essence of mediation as one of the alternative ways of resolving disputes. The importance of alternative methods of dispute resolution as an institution of extrajudicial conflict resolution, which is a fairly popular method of protecting violated rights in most countries of the world, is emphasized. The author emphasized the proposition that mediation is not the only alternative way to resolve disputes, this group includes negotiations, arbitration, arbitration courts, independent assessment of facts, conciliation, medical-arb, etc. The actuality of the issue is determined by the fact that this institute is quite new for Ukraine, and is only now becoming widespread. The Law of Ukraine «On Mediation» is quite young, and the relevant legislative provisions are the latest for citizens. Doctrinal definitions of the concept of «mediation» are characterized, both on the example of European and Ukrainian legislation. The stages of mediation are highlighted. Examples of practical application of mediation between parties to a dispute are given. It has been established that mediation is an alternative way of resolving a civil dispute, which is aimed at reaching a mutually acceptable solution based on the mutually agreed will of the parties with the participation of an independent and impartial person (mediator). The use of mediation as a method of dispute resolution has certain advantages. First, saving money; secondly, the decision on the merits of the dispute is made by the parties themselves by mutual agreement; thirdly, saving time, since the preparation and consideration of the case in court is a longer process; fourth, confidentiality; fifth, preservation of partnership relations between the parties. The advantages and disadvantages of this type of alternative dispute resolution are analyzed. It was concluded that in order to spread mediation, it is necessary to create a wide circle of information about this topic, to raise the awareness of citizens about the presented type of alternative method of dispute resolution, to introduce mandatory mediation for certain categories of cases (for example, family, in particular, in the field of private legal relations ), create a single register of mediators, organize special courses (specialization) for judges to develop approaches to resolving disputes, especially in the private law sphere. [ABSTRACT FROM AUTHOR]

In modern conditions, much of the relationship between agrarian agents, and agricultural activity in general, is governed by some forms of contract. However, economic analyzes of agrarian contracts in Bulgaria are incidental, limited to individual types of contracts, and detached from the process of contracting and contract imlementation, and dominating institutional order. This article continues the presentation of a holistic A-M-P-O approach to the economic analysis of contracts and contractual relations of agrarian Agents by conducting an economic analysis of the available contractual Means, the agrarian contracting Process, and the resulting contractual Order. First, a classification of the principle types of contracts is made and their economic characteristics, possibilities and disadvantages for governing the relations of agrarian agents are analyzed. After that, the stages of the agrarian contracting process is analised, the critical factors of transaction costs presented, and a matrix for determining the most efficient governing form, depending on the combination of critical dimensions of agrarian transactions, suggested. Finally, the specific contractual and governance order resulting from the contractual process is analyzed, and the stages of the process of improving contractual relations in the agrarian sphere are presented. [ABSTRACT FROM AUTHOR]

Introduction: Contracts form the backbone of business dealings, establishing the foundations and binding all collaborative endeavors between parties involved. In the Indonesian context, the use of the national language in contractual agreements has been explicitly governed by laws and regulations, specifically Law Number 24 of 2009 concerning the National Flag, Language, Emblem, and Anthem. Purposes of the Research: This study aims to scrutinize and analyze the regulatory framework surrounding the use of the Indonesian language in contract drafting, as mandated by the positive laws of Indonesia. Additionally, it seeks to elucidate the legal ramifications that may arise from non-compliance with these provisions. Furthermore, the research endeavors to provide legal clarity and offer recommendations pertaining to this issue. Methods of the Research: This research adopts a normative legal approach, employing both statutory and conceptual frameworks. The legal materials utilized encompass primary, secondary, and tertiary sources. The collection of legal materials is facilitated through library research, while the analysis of these materials is conducted qualitatively, employing content analysis and legal interpretation techniques. Results of the Research: The findings of this research present a comprehensive analysis of the regulations governing the use of the Indonesian language in contract drafting, shedding light on the legal implications of non-compliance with these provisions. Furthermore, the research offers recommendations and suggestions tailored for government agencies, business entities, and legal practitioners, guiding them in implementing the use of the Indonesian language in contracts in accordance with the applicable legal framework.

Objective: by reviewing the legal aspects of public-private partnership agreements, to synthesize their main provisions into a common matrix, which, when digitized, can be used to standardize and simplify the formulation of agreement parameters.Methods: the author relied on comparative-legal analysis of scientific literature, legislation and Internet sources on public-private partnership, supplemented by a review of public-private partnership agreements in various socio-political spheres, which made it possible to create a science-based and practice-oriented matrix that can serve as a tool for drafting publicprivate partnership agreements.Results: national aspects in the legal regulation of the said relations in different countries were highlighted; a number of peculiarities encountered in public-private partnership agreements were described.Scientific novelty: taking into account the most important legal peculiarities characteristic of different countries, a matrix for drafting public-private partnership agreements is presented, including eight main parameters: 1 – value received, scope, benefits and risks, 2 – route to market, 3 – restraint of competition, 4 – conflict of interest and procurement issues, 5 – powers, approvals, legal assessment, 6 – liabilities, dispute resolution, 7 – ownership structure, governance and level of autonomy, 8 – exit strategies. Depending on the priorities identified, the matrix can be modified, taking into account that priorities define and shape the specific parameters of each individual partnership.Practical significance: the matrix obtained can become a planning tool used to analyze and understand the relationships between the eight legal parameters necessary for the formation of relations in the sphere of publicprivate partnership. It may serve as a legal reference point for the formulation of public-private partnership agreements around the world, and will contribute not only to the revitalization of public-private partnerships, but also to a proper understanding of obligations, responsibilities and limitations. The recommendations provided in the study show direction for the evaluation of public-private partnerships, allowing clear conclusions to be drawn about the partnership. Digital accessibility provided, the proposed matrix will be of interest to many organizations that use public-private partnerships in their professional activities.

Objective: to identify the prospects of international trade in the light of synchronizing Incoterms with smart contracts.Methods: the study is based on the general scientific methods of analysis, synthesis, comparison, and formal-legal method necessary to analyze the provisions of Incoterms.Results: the authors analyzed the provisions of Incoterms and technological innovations in commercial law; showed the connection between the practice of commercial law and technological development due to the inclusion of contractual terms in blockchain. It is noted that the integration of blockchain technology with smart contracts has led to a variety of automated business transactions and the creation of a platform for synthetic assets trading. The authors describe the possibilities of secure and easy transactions in international trade using blockchain. Despite the uniqueness of this technology, its different types are distinguished, namely: public, private, hybrid, and consortium blockchain. It is substantiated that the synchronization of Incoterms with smart contracts can improve the prospects of international trade (especially export-import contracts). It is emphasized that smart contracts based on blockchain can revolutionize the application of Incoterms, consequently increasing the efficiency of transactions between parties to export-import relationships. One of the fundamental changes that smart contracts will bring to these trade transactions is the reduction of errors and misinterpretations of Incoterms. The authors use specific cases to demonstrate disputes arising at the stages of transaction conclusion and execution, which could have been avoided using modern technologies.Scientific novelty: The paper shows the phenomenon of synchronizing Incoterms with blockchain and how it can affect the form of contracts and facilitate their smooth execution. The proposed approach to analyzing the phenomenon takes into account the revolutionary innovations in crossborder trade, which are compared with the usual ways of applying Incoterms in traditional international trade contracts.Practical significance: the research provides suggestions and recommendations for further development of innovations in the field of smart contracts, especially export-import trade contracts on a global scale.

On the basis of the conducted research, the author has proved that the specific feature of electronic contracts on medical care of the population under medical guarantees program is that: it is exclusively signed through the electronic health care system, is considered an electronic document, must meet all the requirements established for a civil contract. The author has identified the principles of electronic medical deeds: information exchange takes place exclusively in electronic form; the legislation establishes the security of exchange and preservation of medical information, in particular medical confidentiality; modern access to medical care and resources is provided due to their assistance; these electronic contracts are aimed at improving the quality of service and meeting patients needs, transparency of the health care system; they are signed considering technological neutrality and independence from decisions developers; while signing such contracts, the information is recorded in the e-health system without the possibility of deleting or correcting the entered data; electronic identification and authentication of participants in medical relations with a high level of trust is used while they are being signed. It has been established that signing a contract on medical care of the population under medical guarantees program includes the following stages: 1) the National Health Service of Ukraine publishes an announcement on the official website about the intention to sign such a contract under certain conditions; 2) a business entity that wishes to sign a contract with the National Health Service of Ukraine on the terms specified in the announcement must ensure that up-to-date information about its business activity, the possibility of medical practice, is entered into the system before submitting a proposal; 3) the National Health Service of Ukraine considers the received proposals within the definite term; 4) signing a draft contract by an authorized person of the National Health Service of Ukraine, which is a proposal to sign a contract (offer) with a validity period of ten calendar days from the date of its signing by an authorized person of the National Health Service of Ukraine.

AbstractThe car rental contract is one of the contracts that their applications have increased in Iraq and the Kurdistan Region, and many companies have been established that practice this activity, in the absence of a special and comprehensive legislative regulation for this field in Iraq and the Kurdistan Region, and this situation requires depending on the provisions of the Civil Code, although this may not help in providing solutions to all the problems of this type of contracting.Accordingly, this study is an attempt to clarify the concept of the car rental contract and its legal adaptation, going through studying the obligations of its parties and ending with its expiration, in addition to addressing the problems raised by the practical application of this contract, while enhancing the subject by studying several models of car rental contracts. The study presented some suggestions in a context related to its topic.

The rapid development of e-commerce generates new subjects of civil turnover. Marketplaces are commodity aggregators with a vague legal status. A marketplace is more than an information intermediary: it is an ecosystem with highly developed logistics that provides interaction between the seller and the buyer, as well as information about goods and delivery points. In addition, it settles disputes between sellers and buyers by applying various resolution tools. The article describes the legal nature of the relations connected with marketplace ecosystems, i.e., between the marketplace and the seller, between the marketplace and the delivery point, between the marketplace and the buyer. The author also assessed the integration of the marketplace into the classic purchase-and-sale relationship between the buyer and the seller. These parties sign commission contracts, agency agreements, and fee-based service contacts, each of which has its specifics. The author defined the limits of contractual liability in the seller – marketplace – consumer trade chain. If the seller – buyer relations are violated, the responsibility of the marketplace needs to be expanded because the marketplace undertakes to verify the reliability of sellers and the quality of goods. The author applied a doctrinal perspective to the legislative initiatives of 2023–2024 in relation to marketplaces, as well as developed some recommendations on how to improve e-commerce legislation in the Russian Federation.

The risks of contracts are increasing nowadays. The reasons for this are increasing economic and social uncertainties. The role of important contract law principles, such as vis maior, pacta sunt servanda, or clausula rebus sic stantibus, has changed. Judicial practice must also follow this. It is an important requirement that the parties properly assess their ability to perform when concluding the contract, and price the risks well. Institutions that ratify and insure contracts are important means of mitigating contract risks. The protection of the deposit, the penalty, the surety, the protection of the balance of the contracts, and the possibility of challenging the contract in the event of a value imbalance. In case of unfair general terms and conditions, the possibility of referring to their nullity.

Smallholder banana farmers in Kenya face declining farm productivity and low market prices due to a fragmented, broker-dominated market. While the Kenya National Banana Development Strategy promotes contract farming as a potential solution, farmer participation remains surprisingly low. This study investigates the factors influencing smallholder participation in banana contract farming in Kenya. Employing a heteroskedastic probit model with robust standard errors to assess the drivers of participation in smallholder banana contract farming in Kenya, we identify key drivers such as household head education, credit access, cooperative membership, irrigation, and banana farm size. Based on these findings, we recommend policy interventions focusing on: Enhanced farmer extension services and technical assistance, facilitated credit access, cooperative development, investment in irrigation, and incentives for contract farming companies. By addressing these critical factors, policymakers can encourage wider smallholder participation in banana contract farming, unlocking its potential to improve livelihoods and contribute to sustainable agricultural development in Kenya. [ABSTRACT FROM AUTHOR]

This study considers a manufacturer–retailer–streamer supply chain, in which the retailer first purchases products from a manufacturer and then sells them to consumers through a streamer. In the live streaming context, the retailer usually cooperates with the streamer by providing three different contracts: only a commission of the sale (OC), only a fixed fee (OF), and a commission of the sale and fixed fee (CF). Therefore, this study develops a theoretical model to investigate the effects of these three contracts on supply chain members' optimal decisions and profits. The following results were obtained: (1) the retailer prefers an OC contract with a high-ability streamer, and the manufacturer benefits from this contract. Additionally, the manufacturer, retailer, and high-ability streamer can achieve a win–win–win outcome in certain cases. Furthermore, the retailer is willing to sign an OC contract with a low-ability streamer when the fixed fee of the OF contract is high. (2) The retailer prefers to cooperate with a low-ability streamer through an OF contract when the fixed fee is low. (3) The CF contract is the most profitable alternative for the retailer when the total commission rate is low and the fixed fee is medium. [ABSTRACT FROM AUTHOR]

Freelance contract relations are culturally embedded social relations. The article compares England and Taiwan due to their distinct social norms and concepts of trust for those in contractual relationships, and explores the cultural differences manifested in freelance contract relations. Based on 32 interviews with freelancers in Taiwan and 36 interviews in England, the findings suggest that freelancers' contract negotiation and tolerance of violation are culturally dependent. In Taiwan, contract relations in general tend to be conflated with interpersonal relations associated with affect and reciprocity, but in freelance contracts, the responsibility for maintaining relations and demonstrating trustworthiness seems to fall on freelancers, who feel obliged to extend favours by compromising their own interests. In England, contract relations are associated with moral equality and the need to remain credible by fulfilling agreements; as such, contracting parties have lower expectations of the other to compromise, and deviations from fulfilling mutual obligations are limited compared to Taiwan. [ABSTRACT FROM AUTHOR]

This paper seeks to argue that Locke proposes a coherent theory of restorative justice regarding historical crimes. In two cases that he sets out in the Second Treatise, that of the Greek Christians living in the Ottoman Empire and Englishmen living in the wake of William I's conquest, the preliminary standard of historical redress is whether the descendants of the conquerors and conquered possess equal political rights. Conquered peoples cannot simply be subsumed or annexed into an existing political order. They must have some say in articulating or agreeing to the laws that govern them. In this respect, Locke's theory of historical redress emphasizes the redemptive power of contract to overcome historical crimes. Furthermore, the disposition a community has to reimagine its body politic, to enfranchise the dispossessed by forming one body of people, speaks to the degree to which historical injustice is likely to occur. [ABSTRACT FROM AUTHOR]

We consider a dynamic principal‐agent problem, where the sole instrument the principal has to incentivize the agent is the disclosure of information. The principal aims at maximizing the (discounted) number of times the agent chooses the principal's preferred action. We show that there exists an optimal policy, where the principal recommends its most preferred action and discloses information as a reward in the next period, until either this action becomes statically optimal for the agent or the agent perfectly learns the state. [ABSTRACT FROM AUTHOR]

Copyright of Selcuk Law Review / Selçuk Üniversitesi Hukuk Fakültesi Dergisi is the property of Selcuk Law Review 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.)

[Background] The growing role of information technology in the activities of legal practitioners, lawyers, notaries, and judicial authorities highlights the importance of addressing the problem. Additionally, the lack of comprehensive studies in modern legal literature regarding the essence of digital paid assistance in the field of legal activity underscores the need for research in this area. [Purpose] The study's purpose is to address the growing significance of information technology in various legal professions, including legal practitioners, lawyers, notaries, representatives of judicial authority, and law enforcement agencies. [Methodology/Approach/Design] The following research methods are the main ones in this scientific work: systemic-legal, formal-legal, comparatively legal, as well as historical, logical, and dialectical methods. Due to these methods, it became possible to determine the essence of digital paid services in the field of legal activity, to reveal their features, as well as identify their problems and develop ways to improve such services. [Findings] During the course of this study, several significant results were obtained. Firstly, the concept of digital paid legal services was elucidated, and the main types of such services were identified, along with their distinctive characteristics. Furthermore, the study highlighted both the positive and negative aspects of providing these services, emphasizing their significance in the development of legal science and the legal profession as a whole. [Originality/Value] The study is significant as it addresses the need for an effective legal framework to regulate digital services in the field of legal activity in Kazakhstan. It highlights the lack of comprehensive legislation and the slow integration of digital technologies into the legal sector. By exploring the challenges and providing recommendations, the study aims to facilitate the adoption of innovative technologies and improve the quality of legal services in the country. [ABSTRACT FROM AUTHOR]

Evaluation is widely accepted by many scientists as one of the most basic and important functions of language worth studying deeply. As a result, evaluative language has drawn a lot of interests worldwide. Yet, the Vietnamese language community appears to be rather unfamiliar with this term. In order to shed further light on the use of evaluative language in Vietnam, this article examines how evaluative language is exploited by Vietnamese linguists in a corpus of 35 Vietnamese empirical research articles in the light of the Appraisal framework by Martin and White (2005). More specifically, the study analyses the frequency of categories of the Engagement system in the Appraisal framework and studies in-depth realizations of the Contract subsystem. Results show that Contract resources are more frequently employed than Expand. Writers tend to contract their dialogues more in the Conclusion section of the articles. It is hoped that the research results will be a useful reference for article writers and they can contribute to the literature materials for the fields of evaluative language and academic writing pedagogy in Vietnam. [ABSTRACT FROM AUTHOR]

Copyright of Revista Espacios is the property of Talleres de Impresos Oma 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 justice debate is not an issue that can be resolved or exhausted at once. Many justifications of justice that have been put forward for a long time are a clear indication of this situation. As a matter of fact, one of them is Thomas Hobbes's justification of justice, which is the subject of this study. Hobbes's philosophy as a whole rises on a material basis and does not accept any given value, regardless of its source. Therefore, there is no room for any given value in this system, including justice. Whatever is accepted as value reaches a standard or acquires a real existence with the birth of Leviathan, that is, the state. Hobbes's 'justice' is based on Leviathan. The birth of Leviathan is the birth of justice; its foundations are the foundations of justice. This justification, which begins with a selfish description of human nature, is completed with the declaration of Leviathan as the absolute standard of justice. Before Leviathan, there was neither justice nor injustice; In an environment where everyone has the right to everything, such qualifications are meaningless. When Leviathan is established, justice or injustice can then be talked about, because the ultimate measure of just and unfair is its commands/laws. In this study that aims to reveal Hobbes's justification of justice; the process leading to Leviathan's 'justice' will be analyzed and it will be shown how this conclusion was reached. [ABSTRACT FROM AUTHOR]

Under the heterogeneous situation of heterogeneity of farmland circulation entities, transaction costs are the key factors to optimize the selection of circulation contracts, and reducing transaction costs is an important realization path to promote farmland circulation in a reasonable and orderly manner and accelerate the process of agricultural modernization. Based on the survey data of 814 farming households in Henan Province, this study explores the transaction costs on contract selection based on the differential order governance. The results show that (a) in the transfer of farmland, farmers' choice of contracts is restricted by their degree of association with the transaction entity, which is the result of differential order governance. (b) The influence of differential order governance on the selection of transfer contracts is constrained by the governance context. Farmers tend to choose formal written contracts in the context of weak ties governance but choose verbal or informal contracts under strong relationship governance. (c) The impact of transaction costs on the selection of farmland transfer contracts is constrained by the three-stage scenarios as before, during, and after the transaction. In different transaction stages, the higher the transaction costs are, the more likely farmers are to choose a formal written contract. The findings show the importance of the rules of human relations in the society of acquaintances in saving transaction costs. The importance of the formal system and informal institutions, such as trust and reputation, and avoiding one-size-fits-all suggestions should be involved in the formulation and implementation of farmland transfer policies. [ABSTRACT FROM AUTHOR]

This article analyzes the agricultural contract through the eyes of the NIE. The article has built its analytical framework on contracts in agriculture. This choice was dictated by the presence of more than 40 enumerated forms of the types of contracts, and the research realizes that such an enumeration is conditional and not exhaustive. The need to find specific forms of management of common resources - water, land; of general products - for example the "quality schemes" known by the CAP; the need for rapid deployment of specific technologies that are needed to derive synergistic benefits from ecology and agriculture; solving the food and farming problem. The agricultural contract is defined as a social category combining: (1) a system of interconnected institutions, uniting common rules and contractual clauses; (2) market and non-market, contractual and non-contractual processes; (3) a hierarchical structure combining heterogeneous, hybrid economic mechanisms of exchange. Relying on the theory of Governance structure (GS) and the theory of the hybrid contract, the study matches the classical understanding of contract law and the procedural nature of the neoclassical organization, with the modern understanding of the economy as a system of contractual and non-market relations. A unified analytical toolkit is proposed for the subordination of relationships between companies, administrative hierarchies, hierarchies including arbitrators, in property rights disputes; market and non-market contracts, the hybridity of the technological process and the essence of the organization as a type of procedure. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Babylon Center for Humanities Studies is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) 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.)

How does the presence of maximum‐ and minimum‐level contract restrictions impact (i) superstar compensation and (ii) the distribution of compensation across an industry? Using ticket price and observed player talent data from the National Basketball Association (NBA), I estimate expected salaries for each player as well as their value to the NBA as a whole. I find the ratio of actual to expected salary is 2.8%–56.9% for the most talented players, resulting in subsidization to less talented players. The findings also suggest the most talented players generate significantly more value to the NBA than their actual and expected salaries. [ABSTRACT FROM AUTHOR]

There is a difference of opinion among scholars of Islamic law on the validity of nikāḥ al-misyār (travellers’ marriages) where a woman consents to forego her immediate right to maintenance and cohabitation with her husband. The article examines misyār in traditional and contemporary Islamic jurisprudence to determine how jurists from both periods justified, debated, and rationalised this form of marriage and their legal intention when sanctioning it. Employing the methodology of an analytical description of travellers’ marriages and weighing the evidence provided by jurists to present their doctrines accurately, this article critically analyses the position of each juristic approach regarding misyār marriage to argue for its permissibility as it fulfils all the basic requirements of a marriage contract. The article concludes that social concerns, such as misyār being detrimental to women, are overstated. Of the reasons for this overstatement is because the idea of a misyār marriage shields women from sin and illegitimate relationships while enabling them to find a companion and live a decent life with their legal rights upheld. Following the presentation of religious jurisprudence, the article then concludes by uncovering this topic within the Personal Status Law of the United Arab Emirates. This demonstrates how the UAE’s legal system has actually accepted misyār, even though the relevant provisions of the law do not specifically mention it. [ABSTRACT FROM AUTHOR]

The principle of "the effect of privity of contract " or the principle of "privity of contracts " is a well-known principle in the law of obligations, which is recognized as the principle in all Legal systems. Based on this principle, the obligations of the contract are liabilities of the parties of the contract, and the benefits belong to the parties, and it does not create obligations for third parties as third parties cannot expect profit from the contract. But the principle of the privity of fault in terms of the possibility of a third party citing the violation of the contractual obligation seems to be against the principle of privity of contracts, and this question can be raised If in a contract, obligations are violated and damage is caused to a third party or parties, can this violation of the contract by the parties of the contract be cited as a fault? In French law, the discussion of the privity of contractual fault is raised, and in English law, the examination of some opinions shows the tendency of this legal system to raise this issue, which is raised in this article with a comparative study of Iranian law. It seems that contractual fault has a relative concept and despite the principle of privity of contract, there is an advantage for the third party to rely on breach of contractual obligation to claim damages.

Previous studies developed models to predict final construction cost (FCC) values based on many inputs, which makes them difficult to use. However, relying on models with relatively few inputs will reduce the accuracy of the prediction results. This paper aims to develop an artificial neural network (ANN) model to predict the FCC based on contract cost (CC), contract duration, and project sector at an early stage of a project. The data collected and used for the ANN model was 135 Saudi Arabian construction projects. The Zavadskas and Turskis logarithmic approaches, and the Pasini method were utilized to overcome the limited data. Then, the ANN model was developed through two stages. The purpose of the first stage was to enhance the data by identifying the abnormal data using absolute percentage errors (APE). The enhanced data was used to develop the ANN in the second stage. The finding showed that the ANN model provided an average MAPE (mean absolute percentage error) of 18.7%. The MAPE of the ANN model is decreased to 8.7% on average by deleting data with an APE higher than 35%. The model allows stakeholders to evaluate the financial importance of potential risks and develop appropriate risk management strategies.

Nowadays, hybrid contracts are recognized as an adaptive form of contract in the implementation of Islamic business. However, the involvement of hybrid contracts in al-Rahn has risen numerous legal controversies in Islamic Sharia. Malaysia and Indonesia have diffferent approaches regarding the use of hybrid contracts in al-Rahn scheme. In the light of that, this article aims to lay out the two countries’ sides in responding to the issue at hand. This qualitative study relies on secondary data and employs conceptual and comparative approach. It investigates the policies relating to hybrid contract in the implementation of al-Rahn both in Malaysia and Indonesia. This study indicates that academics in both countries tend to state that the hybrid contracts in al-Rahn are not in accordance with the Sharia. The non-compliance with the Sharia prompted Malaysia to create a new policy, namely by utilising the concept of Tawaruq. Meanwhile, Indonesia recently still associates Ijārah contracts as part of the implementation of al-Rahn.