Business Law Research Articles

Enforcement of consumer rights protection laws and intention to reuse digital financial services among Generation Z youth: Empirical evidence from Vietnamese commercial banks

Digital financial services are crucial in boosting the competitive edge of businesses and economies in numerous developing nations. This study aims to explore the factors that affect consumers’ perceptions of the implementation of consumer protection laws and their willingness to continue using digital financial services. Data were collected through interviews with 689 Gen Z consumers (born after 1996) who have used digital financial services in Vietnamese commercial banks. The results of the partial least square – structural equation modeling indicate that six factors influence attitudes toward the enforcement of consumer protection laws, in descending order: perceived benefits, understanding of legal regulations, perceived asymmetry, perceived risk, understanding of technology and digital finance, and understanding of dispute resolution. Additionally, attitudes toward law enforcement, as well as understanding of technology and digital finance, positively impact consumers’ intention to reuse digital financial services, while perceived risk has the opposite effect. Furthermore, all six independent factors impact the intention to reuse digital financial services through the mediating role of attitudes toward the enforcement of consumer protection laws. The study’s findings also lay the groundwork for policy recommendations for legislative authorities and strategic guidance for service providers and consumers in emerging markets in the future. AcknowledgmentThis study is the result of collaboration between researchers from the University of Law, Hue University, and School of Business and Economics, Duy Tan University. The authors would like to thank both institutions for their support and facilitation in the publication of this research. This study was conducted under project code DHH2024-12-85, Decision No. 298/QĐ-ĐHH dated March 27, 2024, issued by the Director of Hue University.

The potency of the OHADA law in the African digital economy

Abstract There are various technological developments or innovations that have (or will in the future) radically transform business transactions and the way in which people work, enter into contracts, and fulfil their contractual obligations. The principal focus of this article is to analyse the shortfall of the Organisation for the Harmonisation of Business Laws in Africa’s (OHADA) law, through its Uniform Act on General Commercial Law, in failing to embrace new technologies in a trending digital era when applying traditional contract laws rules to the buying and selling of goods. This is significant because the Uniform Act, as a tool for the regulation of cross-border sale of goods contracts, has been put to the test. Although the scope of the OHADA Uniform Act on General Commercial Law is not extensive to new technologies, this article probes the question as to whether the pulse of technology poses a challenge for the traditional 20th-century rules under OHADA. In other words, is the statute robust enough to reflect the modern digital world, or will it become outdated if it is not revamped or supplemented by other conventions to accommodate new technologies and ways of conducting business? This study uses an in-depth critical analysis of the provisions of the Uniform Act in order to ascertain its potency as it concludes that it is imperative in this modern digital age for such a statute to embody technological innovations for the efficient conduct of transnational businesses.

Consumer Protection in Business Law: Conflict of Norms and its Implications under Article 18 of Law No. 8 of 1999 on Consumer Protection

Consumer protection is an important aspect of business law that often clashes with the principle of freedom of contract. This paper analyzes the conflict between Article 18 of the Consumer Protection Law (UUPK) and Article 1320 of the Civil Code (KUHPerdata) in the context of consumer protection in Indonesia. The norm conflict arises mainly in the use of standard clauses in standard contracts, which can harm consumers. John Rawls' theory of justice and Gustav Radbruch's theory of legal certainty are used to understand how the law can balance the interests of consumer protection and freedom of contract. In addition, technological developments and globalization also complicate the application of GCPL in electronic and cross-border transactions. The author suggests several legal strategies to address this conflict, including revision of laws, integration of technology, and harmonization of international law. In conclusion, effective consumer protection requires a balance between substantive justice and legal certainty and adaptation to technological change and market dynamics.

Efforts to Improve Legal Protection for Consumers in Electronic Transactions

The field of business law is evolving rapidly, driven by technological advancements. As technology progresses, the law must also adapt to keep pace with the changing times. In Indonesia, the concept of online sales and purchase transactions (e-commerce) has begun to emerge, potentially leading to legal challenges. Consumer protection in Indonesia is governed by Law No. 8 of 1999 on Consumer Protection. This article will provide a brief discussion on consumer protection in e-commerce transactions and explore how Indonesia's legal framework regulates relevant consumer protection laws to address issues between consumers and businesses.

Effectiveness of Using Problem-Based Electronic Modules on Agreement Materials for Students

This research aims to develop and test the effectiveness of a problem-based e-module assisted by a flipbook maker application for contract legal materials. A problem in civil and business law is something that must be studied by students in order to be able to resolve or solve a problem through the scientific method stage. This research uses the writing and development procedures proposed by Borg and Gall. The development study produced a product in the form of a problem-based e-module assisted by a flipbook maker with effective contract law materials. The product effectiveness test was based on the results of a large group test, namely the average pre-test score was 57.82 while the post-test score was 72.05. This shows an increase in the average obtained by students, namely 14.23.

Correction to: The digital transformation of jurisprudence: an evaluation of ChatGPT-4’s applicability to solve cases in business law

Correction to: The digital transformation of jurisprudence: an evaluation of ChatGPT-4’s applicability to solve cases in business law

Business ethics, law and zemiology: The criminology of social and environmental harm

AbstractThis speculative paper introduces zemiology, an extension of radical criminology which explores why many ‘crimes’ are not ‘illegal’ by focussing on the problem of ‘social harm’. Zemiology insists that we should begin with social or environmental problems, and not allow their foreclosure by the distraction of whether a particular practice is legal or illegal, or defined as ethical or unethical. We argue that business ethics might learn from zemiology's attempt to radicalise criminology, particularly in terms of thinking about forms of procedural or restorative justice that might encourage corporations to claim responsibility for systemic harms rather than externalising them.

Право и реальный сектор экономики России

On March 5, 2024, the All-Russian scientific and practical conference “Law and the Real Sector of the Russian Economy”, organized by the Department of Business and Corporate Law and the Business Law Competence Center, was held at the O.E. Kutafin University (MSAL) under the auspices of the strategic academic leadership program “Priority 2030”. The conference was attended by prominent figures of legal and economic science, practicing lawyers, judges, representatives of executive authorities, university professors, students. Young specialists had a unique opportunity to communicate with venerable scientists and experienced practitioners, learn about technologies for conducting large-scale scientific projects. The interested discussion focused on a wide range of issues related to the problems of the real sector of the economy: legal foundations, public policy, subject composition, digitalization, bankruptcy, certain types of activities in this area. The resolution on the results of the conference is presented in this publication.

Talent Development Pathways for Integrating Law and Business in Chinese Universities

The practice of “integration of law and business” in universities has a history of nearly twenty years in China. With the maturity of China’s market economy system, the cultivation of compound talents of law and business become more and more important in the future development of business majors and law majors in universities. This paper mainly adopts literature research method and induction and summary method to collect the relevant literature of the “integration of law and business” curriculum construction and talent training path in the four platforms, and summarizes and analyzes the specific practices in the university running practice. Through research, it is found that in the past five years, the trend of “integration of law and business” in running schools in domestic colleges and universities has been rising, and many business majors in colleges and universities implement the integration of law and business in related courses such as “Economic Law”, “International Economic Law” and “International Trade Law”. Construction of the team of compound teachers of law and business and emphasis on practical teaching are the core part of the cultivating compound talents of law and business. Combing through the historical practice of the training of complex talents of law and business in domestic colleges and universities is helpful to provide reference and guidance for other colleges and universities to carry out the reform of the integration of law and business education, and is conducive to deepening and improving the training mechanism of complex talents of law and business, and train talents who can truly meet the needs of economic and social development.

Filling the Accountability Gap: Misleading Conduct Law in Business and Human Rights

Abstract This article examines the use of misleading conduct law to challenge false or deceptive business claims about their human rights practices and impacts. It does so in the context of recent developments in the field of business and human rights including the introduction of non-financial reporting, disclosure and human rights due diligence that have seen an increase in business communications about their human rights impacts. The article uses the Protect, Respect and Remedy framework of the United Nations Guiding Principles on Business and Human Rights to analyse the EU Directive on Unfair Commercial Practices (2005/29) and the Australian Consumer Law. Each prohibit misleading conduct by business. The article argues that, to differing extents, these legislations partially address the accountability gap that has emerged in the context of corporate human rights claims and practices.

Legal Protection and Justice for Franchise Business Operators from an Islamic Law Perspective

This study discusses strategies to enhance the economic well-being of the community through engagement in entrepreneurship, especially through the franchise business model. Franchising is a marketing strategy for rapidly expanding businesses through the concept of cooperation. Legal protection for franchise business operators is crucial in maintaining a balance between the parties involved. Although there are no specific verses about franchising in the Quran, the principles of business ethics, justice, and compliance with Islamic law are essential foundations that should be applied in all forms of business transactions, including franchising. This study uses an empirical juridical legal approach to explore the concept of franchising, Islamic legal principles, and the impact of legal protection on franchise business operators. The results of this research are expected to make a significant contribution to advancing the legal discourse related to franchise business and Islamic law in Indonesia.Legal protection helps franchise business operators manage risks and conduct business in accordance with the principles of justice and business ethics, from both Islamic and general legal perspectives. Islamic and general law play a crucial role in shaping a fair, orderly, and sustainable franchise business environment. With a clear and consistent framework, franchise business operators can focus on the development and growth of their businesses. Thus, legal protection serves as a strong foundation for sustainable franchise business growth in Indonesia and makes a positive contribution to the economy and society as a whole. Franchise businesses can be a suitable form of enterprise that aligns with the values and principles of Islamic economics, providing a positive contribution to the economy and society overall.

A Comparative Analysis of Remedies and Challenges in the Protection of Stakeholders Rights: OHADA vs. English Corporate Law

This article provides a comparative analysis of the remedies and challenges in the protection of stakeholder rights under OHADA (Organization for the Harmonization of Business Law in Africa) and English corporate law. The study focuses on key legal remedies available to stakeholders, including the derivative action model, the unfair prejudice remedy, personal right of action, remedies for breach of contract and torts, representative actions amongst other remedies. Under OHADA, the uniform legal framework aims to harmonize business laws across member states, promoting legal certainty and economic growth. In this context, the derivative action model allows minority shareholders to seek redress for wrongs committed against the company, while the unfair prejudice remedy protects stakeholders from actions that harm their interests. Personal right of action and remedies for breach of contract and torts provide additional avenues for stakeholders to seek justice. Representative actions further enable collective redress for affected parties. In contrast, English corporate law, rooted in a common law tradition, offers flexibility and judicial interpretation in protecting stakeholder rights. The derivative action model in English law allows shareholders to bring claims on behalf of the company, while the unfair prejudice remedy addresses situations where minority shareholders are treated unfairly. Personal right of action and remedies for breach of contract and torts are well-established, providing robust protection for stakeholders. Representative actions in English law facilitate collective litigation, enhancing access to justice. In tandem with the foregoing, this paper explores challenges in the practical enforcement of these remedies, including differences in legal culture, enforcement mechanisms, and jurisdictional issues. By comparing OHADA and English corporate law, the study provides insights into the effectiveness of various legal frameworks in protecting stakeholder rights and offers recommendations for enhancing stakeholder protection through legal reforms and policy initiatives. Through a content analysis of primary and secondary data, we uphold that this article contributes to the discourse on corporate governance and stakeholder theory, offering valuable perspectives for policymakers, legal practitioners, and scholars interested in the protection of stakeholder rights in diverse legal environments.

The Moderating Effect of Business Law on the Relationship between Foreign Direct Investment and Economic Growth in European Countries

The influence of Business law on the link between FDI and Economic growth of European countries was the focus of this research. To test these relationships, panel data from 28 members states of the European Union within the time horizon of 2010–2024 was used, and the analysis was conducted with help of Partial Least Squares Structural Equation Modeling (PLS-SEM). The findings showed that FDI had a positive association with economic growth though the degree was mediated by business law. This evidence also showed that the beneficial effect of FDI on economic growth is in higher proportion in countries with better legal structures of business. Such insights suggest the need for sound business laws that enhance opportunities for foreign investment as a tool for the growth of European countries’ economy.

Business Law Policy in Socio-Political Perspective: Analysis of Implementation and Impact in Society

Business Law Policy in Socio-Political Perspective: Analysis of Implementation and Impact in Society

Family Business Challenges and their Regulations under UAE Family Business Law

Family Business Challenges and their Regulations under UAE Family Business Law

The Company Law Analysis using the (COPRAS) Method

Company law is a crucial area of expertise or employment for experts in company secretarial work. The different provisions of the Companies Act, as well as its schedules, rules, notices, and circulars, as well as secretarial practice and case laws, are covered in-depth in this section. According to the law, a business is a body corporate with a different legal identity, status, and personality from the individuals who make up its membership. A company is, in the legal sense, a grouping of human and artificial beings that has been officially established by a nation's law. According to Indian law, there are seven different types of corporations: partnerships, limited liability companies, sole proprietorships, private limited companies, and public businesses (LLP). The list of types of businesses is below. The current law, the Companies Act of 1956, is made up of 15 Schedules and 658 provisions. There are 464 sections and 7 sections in the 2013 Companies Act. The Act includes fewer provisions since non-prescriptive regulations continue to control businesses. The Act's provisions served as the foundation for the notes that follow. company law Company law, also referred to as business law or company law, is the body of legislation that governs how businesses are formed, managed, and operated, as well as any associated rules, regulations, laws, and practices. Simply defined, corporate law deals with every legal problem that a business encounter. A Research's relevance is determined by the study itself. It speaks to the study's significance and contribution to a particular area of research. The emphasis is on who and how research findings are beneficial. It facilitates corporate success. We can use it to bolster truths and disprove lies. It serves as a tool for identifying, evaluating, and seizing opportunities. It encourages a love of reading and confidence in writing, analysis, and sharing important information. Leanne Zara emphasizes that "the major goal of research is to direct impact on people, prove a theory, as well as contribute to the advancement of knowledge in the subject of study" while discussing the significance of research. 4 Studies are the basis of information for the purpose of understanding and the primary source of providing laws or guidelines for managing various social, business, or governmental problems. A thorough research provides learners with critical thinking abilities, effective analysis, and research. It is a varied, systematic education that aids in effectively comprehending new advancements in one's specialty. The COPRAS-G method requires identifying selection criteria, evaluating information related to these criteria, and developing methods to evaluate Meeting the participant's needs Criteria for doing in order to assess the overall performance of the surrogate. Decision analysis involves a Decision Maker (DM) Situation to do consider a particular set of alternatives and select one among several alternatives, usually with conflicting criteria. For this reason, the developed complexity proportionality assessment (COPRAS) method can be used. Alternative Taken as Artificial person, Membership, Incorporated Association, Separate legal Existence and Perpetual Succession. Evaluation Parameters Taken as Common Seal, Limited Liability, Share Transfer, Maintenance of Account books, Audit of Accounts. Company law Membership is got the first rank whereas is the Incorporated Association is having the Lowest rank. Membership is got the first rank whereas is the Incorporated Association is having the Lowest rank.

Tinjauan Yuridis Mengenai Pembatalan Pesanan Melalui Aplikasi Ojek Online Di Pangkalpinang Dalam Perspektif Hukum Bisnis

Discusses the cancellation of orders through the online motorcycle taxi application from a business law perspective, as well as the legal implications for online motorcycle taxi drivers. With normative juridical research methods using case approaches, laws, and analysis. This study used primary data in the research the authors conducted direct interviews and field observations to obtain data in the field. The results of the study show that unilateral cancellation through the application is an illegal act, using the service on the application includes an agreement. As well as unilateral cancellation of orders can cause legal implications for online motorcycle taxi drivers. For this reason, consumers who use the application are expected to comply with the rules for the online motorcycle taxi application service. This research is expected to provide understanding to consumers so that using services in applications is more responsible and good faith, and provide legal understanding for online motorcycle taxi drivers in the event of a unilateral cancellation based on applicable law.

Comparative study of article 10 letter c of law number 8 of 1999 concerning consumer protection and sharia business law in online clothing sales

Background: This article discusses the problems faced by buyers in online buying and selling, in the form of advertisements that do not match the products being sold. For this reason, researchers are interested in conducting research with the title Comparative Study of Article 10 Letter C of Law Number 8 of 1999 concerning Consumer Protection and Sharia Business Law in Online Clothes Buying and Selling by examining three online shops, namely Sa**tri.Store 1**6611424, N**la.Fasshion, and Ocyd Clothing Official. Methods: The research method uses empirical juridical, with a phenomenological and conceptual approach. Data analysis uses inductive and descriptive methods. The data collection techniques used were observation, interviews, documentation, questionnaires and library data. Findings: The results of the research show that the two online stores studied, namely Sa**tri.Store 1**6611424, and N**la.Fasshion are known to have committed fraud with advertising media that is misleading and contains elements of gharar and jahalah. Conclusion: Meanwhile, the Ocyd Clothing Official online shop is known to comply with applicable regulations, both from the Consumer Protection Law and Sharia Business Law. Novelty/Originality of this Study: Its comparative analysis of Article 10, Letter C of Law Number 8 of 1999 on Consumer Protection with Sharia Business Law, specifically within the context of online clothing sales, provides a unique examination of legal and ethical perspectives. This approach highlights the differences and commonalities in addressing false advertising in Indonesia's burgeoning e-commerce sector.

Legal Status of Corporate Social Responsibility in GCC countries with special reference to Bahrain

Earlier the concept of corporate social responsibility (CSR) was based upon philanthropic approach but now has become an imperative subject matter in the business world. Countries adopt different measures to implement CSR. In many countries, CSR is self-regulated voluntary activity like in Gulf cooperation countries. In Gulf countries the concept of Zakat Tax is equivalent to CSR. Though there is no legal mandate for CSR implementation in gulf countries still its filing and listing is mandatory. For the present study Doctrinal method is adopted by the researcher. The sources referred are primary as well as secondary for primary sources Statues and Government notifications and reports of the Committees are referred and in secondary sources newspaper reports, scholarly research articles are referred. The present paper is analytical in nature as it analyses the concept of CSR in consonance with other aspects such as legal mandate under Business law. It further aims to study the implications of mandating CSR. The present study is about CSR in GCC with special reference to Bahrain.

Legal Status of Corporate Social Responsibility in GCC countries with special reference to Bahrain

Earlier the concept of corporate social responsibility (CSR) was based upon philanthropic approach but now has become an imperative subject matter in the business world. Countries adopt different measures to implement CSR. In many countries, CSR is self-regulated voluntary activity like in Gulf cooperation countries. In Gulf countries the concept of Zakat Tax is equivalent to CSR. Though there is no legal mandate for CSR implementation in gulf countries still its filing and listing is mandatory. For the present study Doctrinal method is adopted by the researcher. The sources referred are primary as well as secondary for primary sources Statues and Government notifications and reports of the Committees are referred and in secondary sources newspaper reports, scholarly research articles are referred. The present paper is analytical in nature as it analyses the concept of CSR in consonance with other aspects such as legal mandate under Business law. It further aims to study the implications of mandating CSR. The present study is about CSR in GCC with special reference to Bahrain.