Classical Contract Research Articles

Executable contracts for Elixir

This article presents the design of a library for attaching and checking executable contracts to code written in the Elixir programming language. In addition to classical contract constructs such as preconditions and postconditions, the library allows specifying exceptional behaviour (i.e., which exceptions are thrown and under which conditions), detecting non-termination issues in recursive functions by specifying a strictly decreasing order in function arguments, and associating timers with function calls to detect slow computations. The library also focuses on language-specific features, enabling the association of contracts with the reception of messages sent by processes and the attachment of constraints to variable names (useful due to variable shadowing in Elixir). Moreover, stateful contracts (i.e., with a model state) permit specifying the behaviour of stateful APIs whose operations can be linearized. Using the stateful contracts, a monitor can be employed to check that the observed state can be explained in terms of possible linearizations.

THE ELECTRONIC CONTRACT - A MODERN VERSION OF THE CLASSIC CONTRACT

The electronic contract is assimilated to the classic contract from the point of view of its validity and the effects produced, being legally qualified as a distance contract, but there is an additional condition regarding the veracity of the existence of this type of contract, namely the electronic signature.

Relational generalized iterated function systems

In this paper, we introduce a wider class of generalized iterated function systems, called relational generalized iterated function systems. More precisely, the classical contraction condition for functions defined on product spaces is weakened by means of an equivalence relation. In particular, if we consider the total equivalence relation, we recover the classical generalized iterated function systems. Our main result states that each compact subset of the underlying metric space generates, via a sequence of iterates, a fixed point of the associated fractal operator, called an attractor of the system. We also establish a structure result for the attractors and a theorem concerning the continuous dependence of the attractor on the associated compact set. Ultimately, we provide some examples which illustrate our main results.

Duomenų perdavimo sutartys pagal naujausius Europos teisės pakeitimus: naujovės ir paradoksai

The article analyses the most recent trends of data regulation in the EU and the peculiarities of data contracts. The latest regulations adopted or proposed in the EU set an access regime for data, which means that there is no exclusive owner of data, and data may be accessed and used by everyone participating in their production. This approach has caused significant changes in Contract Law regulating data contracts. The most prominent changes are the creation of distinct types of data contracts, the dissolution of the concept of privity, the application of unfair contractual clauses to B2B data contracts, and the facilitation of contractual and pre-contractual obligations with administrative sanctions. In the article, all these novations are critically analysed, and the conclusion is made that some of them constitute paradoxes for the classical Contract Law.

Цифровой правовой контроль как новая цивилистическая категория

Introduction: the article looks at digitalization of economy through the prism of the ‘new technological path’, Digital Earth concept, digital innovation in the framework of Industry 4.0. The focus is on the advantages and disadvantages of such digitalization from the perspective of digital legal control. In the light of the formulated thesis about the absence of a unified scientific idea of the place of digital legal control in the system of relations under private or public law, the author attempts to develop the fundamentals of the digital legal control concept, which is presented in the article as a new civil category. Purpose: to form a general idea of digital civil‐law control, its place in the system of types of digital legal control, and the areas of its practical implementation. Methods: general scientific methods used in the study include analysis, synthesis, induction, deduction, abstraction, interpretation, comparison, etc.; special scientific methods comprise legal‐dogmatic, historical‐legal, comparative‐legal methods, interpretation of legal norms, and legal modeling. Results: digital legal control is a characteristic of both public‐ and private‐law relations. The article develops doctrinal definitions of ‘digital public‐law control’ and ‘digital private‐law control’. Conclusions: in the field of public law, digital legal control is most often associated with public digital financial control. Digital legal control inherent in a civil agreement executed via a smart contract is implemented with the use of mathematical algorithms, therefore such control can be carried out both by a person and without his direct participation; however, in both cases such control is predetermined by the technical framework of a specific information system. Classical contract law is based on trust of the property turnover participants in the state system of coercion, while digital contract law is characterized by trust of the parties to an agreement in the computer code.

On coupled non-linear Schrödinger systems with singular source term

<p>This work studies a coupled non-linear Schrödinger system with a singular source term. First, we investigate the question of the local existence of solutions. Second, one proves the existence of global solutions which scatter in some Sobolev spaces. Finally, one establishes the existence of non-global solutions. The main difficulty here is to overcome the regularity problem in the non-linearity. Indeed, because of the singularity of the source term, the classical contraction method in the energy space fails in such a regime. So, this paper is to fill such a gap in the literature. The argument follows ideas in T. Cazenave and I. Naumkin (<italic>Comm. Contemp. Math.</italic>, <bold>19</bold> (2017), 1650038). This consists to remark that the singularity problem is only near the origin. So, one needs to impose that the solution stays away from zero. This is not trivial, since there is no maximum principle for the Schrödinger equation. The existence of global solutions which scatter follows with the pseudo-conformal transformation via the existence of local solutions. Finally, the existence of non-global solutions follows with the classical variance method.</p>

Arbitration in Smart Contracts Disputes – A Look into the Future

The paper explores the growing integration of blockchain technology in the legal field, specifically focusing on the emergence of smart contracts with their automated execution of contractual obligations. Technology experts believe that the use of smart contracts contributes to the eradication of disputes. However, the author challenges this claim while analyzing the disputes that may arise in this area, including classic contract law disputes and new issues specific to smart contracts. The paper focuses on whether arbitration is the optimal forum for resolving these disputes. The relationship between traditional and blockchain arbitration is explored, examining disputes that would be resolved using established methods and those suitable for the newly created mechanism. The interests of traditional arbitration do not coincide with those of blockchain arbitration. Both should cooperate and take advantage of each other. The author asserts that the flexibility and adaptability of arbitration will be its dominant advantage in addressing these disputes.

Relational contract theory, the relevance of actual performance in contractual interpretation and its application to employment contracts in the United Kingdom and Australia

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

Approximate solutions for a fractional thermostat model boundary value problem via Bernstein's collocation method with Legendre polynomials

Numerous classical models of thermostats have been analyzed in the literature, and while existence and uniqueness results have been established, the investigation of other properties, such as stability, can present significant challenges. Therefore, there is a need for fractional mathematical models that are nonlocal problems and allow for the straightforward study of the asymptotic behavior of their solutions. However, solving these problems is often exceedingly complex or even impossible, necessitating the use of numerical methods to obtain approximate solutions. The focus of this research is a generalized boundary value problem that is based on a classical thermostat model. Our initial step involves determining the associated integral equation for the problem at hand. The properties of existence and uniqueness are proved by exploiting the classical contraction principle of Banach together with another kind called ‐ ‐contraction. Afterwards, thanks to the Bernstein polynomials and fractional matrix of derivative, the approximate solutions of our nonlinear fractional thermostat model problem are obtained. This approach utilizes the Legendre operational matrix of fractional derivatives in combination with a truncated Legendre series for the numerical integration of fractional differential equations. By doing so, the problem can be reduced to solving a system of algebraic equations, resulting in significant simplification. This method has been successfully used to solve both linear and nonlinear fractional differential equations. Finally, an example on this type of problem have been studied and the approximate solution are plotted.

Development of Indonesian Business Contract Law in The Globalization Era

In business activities in Indonesia, contracts are the basic framework that is used as a framework for relationships for economic actors. The principle of contract law is regulated in the Civil Code. Contracts can give rise to rights and obligations for the parties making the contract. Thus contracts play an important role in doing business in Indonesia. Contract law has existed since the days of Egyptian and Mesopotamian society around 3-4 centuries before Christ and has always experienced developments until now. The development of contract law in countries that adhere to the Common Law system is based on the doctrine of Promissory Estoppel and consideration, where there is an agreement followed by certain legal actions to fulfill the agreement already able to claim compensation, and there is a reciprocal relationship. This development also occurred in the Netherlands where an agreement that was not final but already had legal actions to fulfill the agreement could also claim compensation based on the principle of good faith. The development of contract law in Indonesia is still based on fulfilling the requirements for the validity of the agreement stipulated in article 1320 of the Civil Code, so that it can be called classic contract law. Legal actions that have not been based on Article 1320 of the Civil Code do not yet have legal consequences, so that losses arising from pre-contracts do not receive compensation. Assessment of current contract law, it is necessary to pay close attention to other developments through the development of contract law in other countries or through statutory regulations, which where the aggrieved party at the time of the agreement can claim compensation.

Failed Technological Revolution in Contract Law: Apologetics of the Contract Traditionalist Interpretation

Technodeterminism determines the main task for civil law when solving issues related to blockchain technologies and smart contracts. This task is connected with the search for answers to the question of the need to amend civil legislation in order to adapt it to new technological challenges or about the possibility of effective application of existing legal norms to the regulation of innovative civil relations.In the doctrine, there is a hypertrophied attitude towards blockchain and smart contract technologies. The standing exists that due to smart contracts, trust in people is replaced by trust in the code. Eschatological predictions were made about the beginning of the end of classical contract law, about emergance of «contract law 2.0». The paper states that the digital code will not be able to replace reality in the field of contractual relations. The revolution in contract law has not happened. Instead of the «revolutionary path» highlighted by some authors, there is a gradual evolutionary development of ideas about a civil contract. The civilistic doctrine has responded to technological challenges by becoming rhizomorphic in its interdisciplinarity, trying to comprehend the legal phenomena associated with the digitalization of public relations.The «ideological core» of the civil doctrine, the «core» of the concept of the contract, remained untouchable. A legal smart contract has remained a speculative phenomenon from a parallel reality, a simulacrum. The Russian and foreign doctrines are dominated by the traditional interpretation of a civil contract, since the concept of a legal smart contract is not able to solve the problem of its incompleteness. From the perspective of futurological perspective, it can be assumed that the traditional approach to the contract will retain its significance, and the digital code will have only an auxiliary, servicing value for the contract.

Smart contract in contract practice: program code and "digital superstructure" of the classical contract

Smart contract in contract practice: program code and "digital superstructure" of the classical contract

“CODIFICATION OF ELECTRONIC CONTRACTS AND IT’S EFFECTS ON THE DEVELOPMENT OF E: COMMERCE THROUGH INTERNET” ACCORDING TO PROVITIONS OF SHARIAH AND CIVIL LAW A COMPARATIVE STUDY WITH (UAE)THE ELECTRONIC FINANCIAL, COMMERCIAL TRASCATION ACT, 2002 AS A CASE STUDY

By the presentation of the proposed ongoing conference paper that bearing the title: “Codification of Electronic contracts and it’s Effects on the Development of e: Commerce through Internet” According to provisions of Shariah and Civil Law, A Comparative Study with the (UAE) Electronic Financial Commercial Transaction Act, 2002 As A Case Study: (i) The research paper intents to explore the significance of the study which in a simplee sense: (1) It is an attempt to codify the Islamic Jurisprudence of Mua’malat in the practical aspect to explanation the provitions (UAE) electronic financial commercial Transaction Act, 2002, (2) An attempt to explain the legal basis of Electronic Financial Act with reference to Holy Quran and Sunnah (3) Exposing the effects of electronic contract in developing economic and political public and private projects and organizarions. (ii) the research problems that associated with this research papaer such as: (1) what are the classificcation of electronic contracts? (2) what are the methods of elctronic signiture? (3) are the required conditions for the establishment the traditional classic contracts will be valid on electronic contracts? (iii) the essential aims and objective of this paper could be summerize as follows: (1) To determin the referenceship of Emirate Act of Electronic contract with Islamic Jurisprudence, (2) To support the research with juristic resolutions that declared by International Fiqh Assemblies which governing the usage of Electronic contracts (iv) The research methodology that adopted in this paper: is a choronological analytical juristic research method. (v) Research Review: There are various research published and thesis written in the area of electronic contract such as: (1) Alan Dividson: The Law of Electronic Commerce, Combidige University Press, first publication, UK (2009). (2) Faye Fangfei Wang: Law of Electronic Commercial Transaction, publication of Routledge Tylor and Francis Group, London and New York (2010) and others. (vi) Main features of Research chapterization such as: (1) Defenition of Electronic contract and Electronic commerce it’s obstacles and classification, (2) Juristic Resolutions declard by International Fiqh Assemblies that governing electronic contracts and e: commerce. (3) Pillers of Electronic contracts. (4) Authentication and proof of Electronic contracts. (6) Political and Economic Effects of Electronic contracts and e: commerce. (7) Penalities prescribed by courts enforced against cyber criminals. (vii) Findings: (1) Shariah Law regarding enactment of muamalat provitions is so flexable to govern the whole types of electronic contracts and e: commerce, (2) The conditions that required for establishment of classic contracts are valid for establishment electronic contracts, such as: telephone, fax, telex, computer, internet etc. Key words: Electronic Signiture, Electronic Record, E: Commerce, Electronic Contract, Electronic Acceptance

Numerical verification of sharp corner behavior for Giesekus and Phan-Thien–Tanner fluids

We verify numerically the theoretical stress singularities for two viscoelastic models that occur at sharp corners. The models considered are the Giesekus and Phan-Thien–Tanner (PTT), both of which are shear thinning and are able to capture realistic polymer behaviors. The theoretical asymptotic behavior of these two models at sharp corners has previously been found to involve an integrable solvent and polymer elastic stress singularity, along with narrow elastic stress boundary layers at the walls of the corner. We demonstrate here the validity of these theoretical results through numerical simulation of the classical contraction flow and analyzing the 270° corner. Numerical results are presented, verifying both the solvent and polymer stress singularities, as well as the dominant terms in the constitutive equations supporting the elastic boundary layer structures. For comparison at Weissenberg order one, we consider both the Cartesian stress formulation and the alternative natural stress formulation of the viscoelastic constitutive equations. Numerically, it is shown that the natural stress formulation gives increased accuracy and convergence behavior at the stress singularity and, moreover, encounters no upper Weissenberg number limitation in the global flow simulation for sufficiently large solvent viscosity fraction. The numerical simulations with the Cartesian stress formulation cannot reach such high Weissenberg numbers and run into convergence failure associated with the so-called high Weissenberg number problem.

Supply chain coordination with information design

AbstractWe consider the coordination of a supplier–retailer supply chain where, in addition to classical contract considerations, a supplier decides the adoption of an information structure (IS) for the supply chain, with a higher‐quality IS allowing the supply chain parties to obtain a more accurate demand forecast. Because a wholesale price contract cannot coordinate the supply chain due to misaligned incentives of supply chain parties, we explore what common coordinating contracts in the classical coordination literature can continue coordinating the supply chain with the IS adoption. Interestingly, our analysis appears to reveal the power of simplicity: some simple classical coordinating contracts (e.g., the buy‐back and revenue‐sharing contracts), though not designed with the IS consideration, still coordinate the supply chain, whereas other more complicated classical contracts (e.g., the quantity flexibility and sales rebate contracts) fail to do so. We derive a general condition for supply chain coordination and show that any contract with a newsvendor‐like transfer payment can coordinate the supply chain.

Contract choice and advance selling strategy in a supply chain of FAP.

The advance selling (AS) has been widely applied in fresh industry for it can elevating the customer experience and increase flexibility thus profit for a retailer. However, the introduction of the AS will have an impact on spot market in pricing strategy, market share and the profit of the retailer. Hence, to coordinate the supply chain and improve the efficiency of the agricultural supply chain, a two-stage game theory model is constructed to analyze the effects of AS on three classic contracts: wholesale price, quantity discount and revenue-sharing contract. This paper also discusses the boundary conditions of whether a retailer should sell in advance. The conclusions of this paper are as follows: First, revenue-sharing contracts are superior to wholesale price and quantity discount contracts when retailers sell in advance, the wholesale price contract can perform better than the quantity discount contract in the presence of AS if the contract parameter is properly set. Second, a revenue-sharing contract that normally coordinates the supply chain can performs poorly when the retailer sells in advance that the social welfare would be higher if using a quantity discount contract instead. These conclusions have important implications for suppliers when retailers sell in advance. Such suppliers need to design appropriate contracts to distribute FAP that carefully take into consideration the AS activities in the market.

Principal-agent VCG contracts

We study a complete information game with multiple principals and multiple common agents. Each agent takes an action that can affect the payoffs of all principals. Prat and Rustichini (2003) who introduce this model assume classic contracts: each principal offers monetary transfers to each agent conditional on the action taken by the agent. We define VCG contracts in which the monetary transfers to each agent additionally depend on all principals' offers, and study its effect on the existence of efficient pure subgame perfect equilibrium outcomes. Using a necessary and sufficient condition for the existence of a pure subgame perfect equilibrium (pure SPE) with VCG contracts, which we develop, we show that the class of instances that admit an efficient pure SPE with VCG contracts strictly contains the class of instances that admit an efficient pure SPE with classic contracts. In addition, the difference between the former class and the class of instances that admit a ‘weakly truthful’ SPE with classic contracts has positive measure. Although VCG contracts broaden the existence of pure subgame perfect equilibria, we show that the worst case welfare loss in a pure SPE outcome, over all games with any fixed M≥2 number of principals, is the same for both VCG contracts and classic contracts.

Regspraak: Oordrag van onroerende eiendom kragtens ’n egskeidingsbevel tóg ’n besmette vervreemding volgens die Insolvensiewet?

The Insolvency Act defines a disposition for purposes of the act and states that a voidable disposition does not include a disposition in compliance with an order of court. Section 29 of the act defines a voidable preference for this section as a debtor’s disposition of his property made not more than six months before the sequestration of his estate. A sequestration is defined with reference to a sequestration order, which means any order of court whereby an estate is sequestrated and includes a provisional order. In the Mercantile case the marriage of the respondent and his erstwhile wife was dissolved by a divorce order of the divorce court in January 2020. Incorporated into the court order is the settlement of the parties’ respective claims regarding their matrimonial property regime. The parties had been married with a classic antenuptial contract that excluded any community of property, community of profit and loss or any accrual sharing. Notwithstanding the fact that the judgment indicates otherwise, section 7(3) of the Divorce Act could not have applied in the light of the settlement agreement. This section is applicable only in the absence of any agreement between the parties regarding the division of their assets. Only where section 7(3) applies is the court granted a wide discretion to order that such assets, or such part of the assets, of the other party as the court may deem just, must be transferred to the first-mentioned party. The final settlement of the erstwhile couple’s property regime was consequently not as a result of the court’s exercising its statutory discretion but the result of the agreement sanctioned by the court’s order. In accordance with the agreed settlement, the husband was compelled by the court order to transfer a house in Gallo Manor registered in his name as immovable property to the erstwhile wife. This property was unburdened by any registered limited real security right such as a mortgage bond. The transfer was completed in March 2020 when the property was transferred into the woman’s name in accordance with the requirements of the Deeds Registries Act 47 of 1937. Mercantile Bank attained a provisional sequestration order against the respondent in October 2021 and apparently, according to Maier-Frawley J’s judgment, indicated its intention to rely on section 29 of the Insolvency Act to claim the reversal of the transfer of the immovable property as an alleged voidable disposition of a valuable asset from the estate of the respondent as debtor to the detriment of the claimant and other creditors. It is submitted that the six-month limit forms an unsurpassable hurdle and bars the application of section 29 in this matter. In addition, any reliance on eg section 31 of the Insolvency Act that refers to collusive dealings before sequestration without an equivalent six-month time bar will be barred by the explicit definition of a disposition in the act that excludes a disposition in compliance with an order of court. It may be doubted whether it is justified to waste additional costs and the time of the high court in light of the foregoing in this matter. Where the legal position is crystalized the court is left without a contrary discretion.

Purchase and sale and prohibition of uncertainty (gharar) in the Islamic tradition

The article deals with the requirements of Islamic law to the classical contract of sale. The authors conclude that the prescriptions regarding the conclusion of a contract of sale, the object of sale and price formation are largely explained by the attraction of Islam to fairness in trade. Analyzing the object of sale, the authors refer to the concept of property al-mal and its forms — al-‘ayn property and al-dayn property. They insist that al-dayn is not an analogue of “obligation”, “debt” or “right of claim” in the civilian or common law’s traditions, but a unique concept of Islamic law, literally meaning “property-in-the-future”. Considering limitations to sale of aldayn property, this article presents the approaches of madhhabs regarding the admissibility of and conditions for the sale and purchase of bay’ al-dayn. The basic tool of Islamic law on its way to a sustainable trade turnover is the prohibition of transactions involving excessive uncertainty gharar. The authors reveal the meaning of this concept, which has been widely discussed among Muslim scholars, and distinguish the notion of gharar from the notions of risk and gambling maysīr. Application of gharar prohibition to the contract of sale has its own characteristics and gharar becomes key point in deciding whether it is admissible to sell a non-existent thing — bai‘ al-ma‘dum and sell a thing that is not available for physical inspection at the time of the transaction — bai‘ al-ghayb. In this context, the authors pay attention to the distance sale of goods by preliminary inspection, by sample and by description. Islamic law offers an effective mechanism for removing the uncertainty gharar from the contract of sale, giving the buyer the right of khiyar al-ru’yah, which is the right to unilaterally withdraw from the contract at the moment of physical inspection of the goods.

Allianzverträge – Ohne Rechtsstreit durch die Krise

AbstractClaim‐ and anti‐claim‐management is becoming increasingly important on construction sites. More and more (human) resources from contractor and owner are being invested in projects for this purpose. This is clearly counterproductive for the success of the project, since claim and anti‐claim‐management do not create any added value in the project and the actual target of a construction project is pushed into the background. In this article, the differences between plannable and dynamic‐complex systems are used to show, where classic construction contract models reach their limits and which projects are better implemented with alternative contracts. Based on the Alliance Contract for the successfully completed project „Triebwasserweg Maria Stein”, it is shown why Alliance Contracts are more suitable than classic contract models for dynamic‐complex (risky) large‐scale projects, such as large tunnel projects in difficult geology. By choosing the right contract model for the project, the best project results can be achieved, and legal disputes can be avoided even in crisis situations.