Commercial Transactions Research Articles

LEGAL MECHANISMS FOR CONSUMER PROTECTION UNDER ALGERIAN E-COMMERCE LAW

Purpose: This study aims to clarify the consumer's essential need for protection under Legal Perspective No. 18/05 and to reveal the extent of this protection throughout all stages of contracting. Theoretical Framework: Despite the advantages offered by electronic marketing, the electronic environment is rife with risks that impact all elements of the relationship involving the consumer, who is considered the most critical and final link in the product cycle aimed at fulfilling its consumer purpose and meeting desires. Given the consumer's lack of information culture in the digital environment, the Algerian legislator, through Law No. 18/05, sought to protect the consumer during the stages of electronic contracting. Methods: Highlighting the key provisions, rules, and articles introduced by the Algerian E-Commerce Law No. 18/05 through comprehensive analysis to emphasize the effectiveness of mechanisms for protecting the digital consumer. Results and Discussion: The distinguishing feature of these transactions is that they take place in the virtual world, remotely, using the latest electronic communication tools. This exposes consumers to various types of fraud, deception, and violations, reflecting the darker side of electronic commercial transactions and making the consumer the primary victim. This prompted the Algerian legislator to adopt E-Commerce Law No. 05/18, dated May 10, 2018, by establishing legal mechanisms to protect the electronic consumer throughout the various stages of contractual operations. Abstract: The revised legal framework represents a proactive step by the Algerian state to enhance the e-commerce sector by ensuring legal protection for consumers at all stages of contractual operations. Law No. 18-05 aims to demonstrate the extent to which the Algerian legislator has moved beyond traditional consumer protection frameworks, keeping pace with developments in commerce within the digital environment. Originality/Value: The value of this research lies in the Algerian E-Commerce Law No. 18/05, which was issued to protect consumers in the digital environment.

Implementation and Challenges of Logistics Management for Electronic Commerce (E-Commerce) Transactions in Malaysia

Implementation and Challenges of Logistics Management for Electronic Commerce (E-Commerce) Transactions in Malaysia

Olof Rönling, First Swedish Consul in the Regency of Tunis (1738-1759): A Diplomatic and Commercial Agent

Objectives : The purpose of this research is to shed light on the diplomatic, maritime, and commercial role of the first Swedish consul in Tunisia in the Mediterranean. Methods: Swedish documents have been utilised as a source of study, specifically Consul Olof Rowling’s correspondence between Hussein Ben Ali and Ali Pasha between 1738 and 1742 amidst the civil war that took place in the Eyalet (Regency) of Tunis, and were analysed using historical research methodologies. The study aims to reveal the consul’s commercial transactions, whether from the Swedish capital or through the Mediterranean Sea and the city of Izmir, based on documentary sources consisting of correspondence. Results: The study concluded that the Swedish consul in Tunisia played a substantial part in trade and maritime transport, facilitating shipping opportunities for Swedish captains to many Mediterranean ports. Furthermore, the consul negotiated the peace treaty and sent appropriate gifts to the Eyala, demonstrating that the consular institution supported Swedish trade and seafaring. Conclusions: The study recommended numerous studies on the diplomatic relations and interactions between Maghribi’s provinces (Eyalet/Regency) and Scandinavian countries, which rely on a wide range of sources, both local and Scandinavian, to correlate against one another.

Cyber policy for monitoring and regulating cyberspace and cyber security measures for combating technologically enhanced crime in South Africa

Advancements in science and technology has resulted in substantial transformations inside society. The telecommunications sector has established cyberspace, a virtual domain for online communication, data exchange, and digital interactions. This platform enables individuals to interact and cultivate relationships worldwide, fostering a sense of proximity despite geographical separation. Nonetheless, these improvements provide concerns, since there has been an increase in cyber victimisation via cyberspace, the internet, computer networks, and online systems. Criminals are progressively utilising these technologies to perpetrate illicit actions, endangering individuals, governments, organisations, and institutions.This study analyses the evaluation of cyber policies for regulating, monitoring, and supervising cyberspace activities, along with the implementation of cybersecurity measures to address technologically advanced crime. A mixed methods strategy, including qualitative and quantitative methodologies, was employed for data collecting. The research revealed that although cyberspace provides avenues for social contact, idea exchange, information dissemination, commercial transactions, and additional activities, it remains susceptible to cyber threats including ransomware, fraud, warfare, terrorism, trafficking, and breaches of privacy. Formulating cyber regulations to regulate actions in cyberspace is crucial for efficient law enforcement, alongside the establishment of a cybersecurity framework to safeguard critical cyber systems and bolster security protocols across several sectors. To safeguard both the public and private sectors against cybersecurity risks, it is essential to create and execute plans. These tactics encompass the regular evaluation and auditing of security systems, investment in cybersecurity training programs, maintenance of current systems, formulation and rehearsal of incident response plans, and dissemination of information among experts and professionals.

The Role of Private International Law in Resolving Disputes in Global Commerce

The exponential growth of global commerce has amplified the complexity of cross-border disputes, necessitating a robust framework for their resolution. This study explores the role of private international law in addressing such disputes through a qualitative approach, encompassing doctrinal analysis and case studies. By examining the interplay between jurisdictional rules, choice of law principles, and enforcement mechanisms, this research highlights the pivotal role of private international law in ensuring legal certainty and fairness in transnational commercial transactions. The findings demonstrate how private international law harmonizes diverse legal systems, mitigates conflicts of laws, and provides predictable outcomes, which are critical for fostering trust and cooperation among international trade participants. Furthermore, the study investigates contemporary challenges, such as digital commerce and regional trade agreements, and assesses the adaptability of existing legal instruments in resolving disputes in these contexts. The qualitative analysis reveals that while private international law offers substantial tools for dispute resolution, its effectiveness is often contingent upon the political will and cooperative efforts of states, as well as the efficiency of international judicial and arbitration institutions. This study contributes to the ongoing discourse on enhancing the efficacy of private international law to support the evolving needs of global commerce. Recommendations for reform and harmonization are proposed to strengthen its role in resolving future disputes and promoting sustainable international trade relations.

La internacionalización del derecho civil de contratos

"Globalization," "globality," "harmonization," and "integration" are concepts characteristic of the early 20th century that, in the legal sphere, have gained increasing relevance, especially in relation to Contract Law. But what do these notions mean in this context? And what effects are these phenomena generating?Internationalization, harmonization, and integration are reflected in legislation, particularly in the fact that the harmonization of private law has become a significant trend within the international community. In this regard, the international harmonization of contract law represents one of the most dynamic and productive fields of private law today.From the perspective of contract law development, instruments such as the UNIDROIT Principles of International Commercial Contracts and the United Nations Convention on Contracts for the International Sale of Goods are increasingly being adopted. These frameworks are used by parties in international transactions as governing law and are applied by arbitration institutions as general rules in global trade contexts.In this sense, both the Contract Law of China and the Contracts Section of the Chinese Civil Code are rooted in a solid practical experience derived from Chinese commercial transactions. At the same time, they incorporate legislative advances from foreign laws and adopt a broad international perspective. These legal instruments reflect distinctively Chinese characteristics while incorporating contemporary elements, positioning themselves as an example of civil law adapted to the era of globalization.

Development of the Northern Sea Route as a space for entrepreneurship and trade

Since ancient times, travelers, discoverers, entrepreneurs and traders have sought to find the most rational route from one area of the globe to another. Reducing distances in space means reducing commercial transactions in time, accelerating trade turnover, saving money, and increasing profits. Such circumstances have long stimulated economic participants to search for new transport routes for trade communications. They were looking for the shortest and most convenient routes from European countries to the riches of the countries of the East, India and China. Land and water routes through the regions of the North were developed. The development of northern routes began a long time ago. Already from the 6th–9th centuries, the settlement of the Eastern Slavs in northern Europe took place. From the 8th century, the Slavs began to develop the White Sea region. From the 12th century, the areas of the Kholmogory region were mentioned; Kochi Novgorodians and Pomors already walked along the western parts of the Arctic Ocean. Since the 16th century, the British and Dutch have sought to pave the way to the East through the northern seas, and trade, political and cultural ties between Russia and Western countries have been formed. Trading companies emerged; the British and Dutch, through joint–stock companies, attracted broad masses of people and their capital to colonial policy, which for a long time became the key to effective colonial activity. The Russian Empire and the young Soviet state continued to explore the Northern Sea Route.

Limitations of and proposals for L/C application of optional on-board B/L under the IncotermsⓇ2020 FCA rules

PurposeThis study examines the limitations of the practical application of letter of credit transactions requiring an on-board bill of lading under the FCA and presents opinions on the practical use of FCA-ruled bills of lading for letter of credit transactions.Design/methodology/approachIt is very significant that the IncotermsⓇ2020 FCA rules have added new content regarding the optional description of the on-board bill of lading. However, even if the seller has received the on-board bill of lading, there is a limitation in that the bank may not judge the presented documents as a consistent presentation for payment. Identifying these limitations and suggesting solutions are very important for future international commerce transactions. This study is conducted in the following order. First, we review the UCP regulations that banks apply to confirm the consistency of transportation documents in letter of credit transactions. Second, we confirm the limitations in applying the selective description of the on-board bill of lading newly established in the FCA rules proposed by the ICC to letter of credit transactions. Lastly, necessary opinions are presented on how the buying and selling parties can properly utilize the Incoterms in letter of credit transactions.FindingsThe establishment of the ICC’s Incoterms 2020 FCA rule’s on-board bill of lading option regulation is intended to resolve merchants’ inconvenience caused by the document screening standards of banks that ignore changes in the trade environment such as the emergence of containers and maintain traditional ship trading practices. It can be interpreted. However, there are still problems with the presentation of on-board bills of lading under FCA rules, and there are also problems with practices between merchants and banks. Existing prior research is limited to dealing with the problems of using FOB rules in container transportation and the limitations of the onboard bill of lading option provisions of FCA rules. The Fourth Industrial Revolution has also affected trade, ushering in the digital era. Trade platforms developed with new technologies are either under development or being prepared for commercialization.Originality/valueThis study reaffirmed the main implications covered in previous studies and proposed the use of multimodal transport documents rather than bills of lading as an alternative to problems that may arise in letter of credit transactions that require on-board bills of lading under FCA rules. Above all, it presented opinions on changes in banks’ practices that require on-board bills of lading in letter of credit transactions, which are inconsistent with the mainstream container-based intermodal transportation.

Alternative Dispute Resolution in Commercial Transactions: A Comparative Study between the UK and Bangladesh Jurisdiction

Alternative Dispute Resolution (ADR) entities have been authorized by national law to either offer a solution that, if accepted by both parties, will become binding on them or to impose a solution that will become binding on them regardless of their acceptance. According to the Money Loan Court Act 2003 of Bangladesh, ADR bodies have to appoint natural people who fulfill the criteria of knowledge, independence, and impartiality to complete the entire process of ADR successfully. Therefore, ADR processes can only be run by court-ordered mediation or autonomous administrative agencies, not the financial sector. The Code of Civil Procedure 1908 in Bangladesh clarifies that this procedure has been provided so that “the principles of independence and impartiality have been observed.” ADR is an avenue to resolve a civil case without going to the court. There are diverse mechanisms of ADR that can resolve the issue. Undoubtedly, ADR has many advantages. However, it is pertinent to note that it has disadvantages as well. ADR has been promoted, and the concerned parties have been encouraged to use it before or during the trial. Lord Justice Woolf, a prominent jurist of the UK, solicited for ADR to avoid cost, delay and complexity in civil cases. On the other hand, ADR is not so familiar in Bangladesh. This paper aims to discover how Bangladesh promotes ADR in commercial disputes and how Bangladesh can follow the UK approach in this respect.

The dynamics of digital technologies in the strategies of MNEs

ABSTRACT The use of digital technologies in commercial transactions affects both the strategies of international firms and the organisation of production across borders along a GVC. This paper examines the impacts of e-commerce on the internationalisation of firms and on the global extension of manufacturing MNEs. We consider how the use of digital technologies in commercial activities and the extent of control over international markets affect decisions around exporting and investing abroad. Final market transactions are approached through business-to-customer e-commerce (B2C), and inter-firm transactions through business-to-business e-commerce (B2B). Findings confirm general positive effects from B2C transactions, while B2B e-commerce with clients or suppliers reshapes global production networks in diverse ways, depending on the direction. Evidence is built using micro-data from Spanish manufacturing, examining companies that produce physical goods and adopt ICTs. Theoretical implications suggest a dynamic and mutually reinforcing relationship between the digitalisation and internationalisation of firms, enhanced by the GVC.

Industrial Kitchen Manufacturer Service Management

As in all production industries, it is important to meet customer demands in a timely and accurate manner in the kitchen industry. The kitchen products industry is generally important for the economy, and it is impossible to think without ERP systems for the healthy development of this industry. This study is one of the rare studies that encourages the use of ERP system-based kitchen products according to customer demands, especially SAP. In our study, a system that re-evaluates the customer communication approach, which will include the process from the sale of the product to the end user and the technical service process after the product is sold, has been developed for a company that produces industrial kitchen products in the light of advanced digital technologies. With this system, the company will be able to deliver and sell the spare parts it has or produced to service managers. At the same time, it will be able to report all commercial transactions in the system, create a financial record and store it digitally in its own records. Our system works in integration with Google maps in order to reach the customer in a timely and cost-effective manner during spare parts supply processes. Thanks to this system, the company’s employees in the field will be able to quickly order spare parts from the factory as a result of instant communication with the customer. The system we will design includes call center application, spare parts order application, breakdown work order application, invoice cockpit application, stock inquiry application. In our study, the applications were designed using ABAP programming language, JavaScript programming language and HTML technology on SAP Fiori technology. In general, the system consists of two parts, Front End and Back End. In our study, the accuracy criterion was used for the performance evaluation in line with the customer satisfaction of the system. Problems that may arise from inefficient use of system resources were automatically prevented by ensuring a high level of customer satisfaction. Thanks to this system, the delivery times of the products are well planned, shortened and customer satisfaction is increased. By making some changes on the system we propose, it will help many organizations in other sectors to develop their ERP systems and effectively prevent the problems encountered.

Data Reconciliation for Assessing Compliance of Physicochemical Properties of Petroleum Products in Commercial Transactions

The physicochemical properties of petroleum products in commercial transactions are crucial for quality control in the oil and gas industry. However, different laboratories often produce slightly different measurement results. These variations can be significant when approving or rejecting properties based on regulatory agency and environmental body specifications. A simple arithmetic average is typically used to determine the most probable value in disputes. This study proposed using a Data Reconciliation approach to address the disparity between the projected model and empirical data. An objective function was employed to optimize and evaluate parameters using maximum likelihood estimation, considering the experimental uncertainty values. This study found that the flash point of jet fuel, as determined by the Tag Closed Cup Tester, was within the specified range (maximum of 40 °C). The application of this tool resolved a dispute between a supplier and a customer, as the reconciled value with minimized uncertainty was determined to be 37.5 ± 2.0 °C. Additionally, the study utilized experimental results from 12 accredited laboratories to determine a single reconciled value for the final boiling point of gasoline. Despite the varying experimental uncertainties ranging from 6.0 °C to 13 °C, the reconciled uncertainty was minimized to 2.6 °C. The last case study identified that ASTM D4294 was incompatible with other test methods for evaluating the mass fraction in diesel oil. In this manner, Data Reconciliation enhanced the accuracy and effectively reduced measurement uncertainties, rendering it a potent tool for resolving legal disputes when evaluating the compliance of the physicochemical properties of petroleum products in commercial transactions.

Digital Economy and Platform Economy Governance: A Study of Challenges and Countermeasures in Public Policies - Based on the Perspectives of China and EU

Abstract: Platform economy has become an important force in promoting the high-quality development of China's economy. Commercial transaction, financial intermediation, sharing economy and entertainment all depend on the development of the platform economy. This article provides an in-depth discussion on the governance of the digital economy and the platform economy, aiming to provide guidance for current and future policymaking by analyzing the main challenges faced by the two countries (China and Europe) in policymaking and proposing practical responses. At the same time, this article will outline the basic concepts, main features and far-reaching impacts of digital economy and platform economy on the global economy, and combs through their development history and key features. By comparing the differences between China and Europe in the governance of digital economy and platform economy, it adopts SWOT analysis to systematically assess the countermeasures taken by the two countries in addressing the governance challenges and their effectiveness.

Importance of English in Commerce from International Perspective

English is a widely spoken language, which is used in day-to-day transactions in international sphere. Without English international communication can’t happen smoothly and there lies the importance of English. Present research paper will try to understand the importance of English in commerce from international perspective and the solution over the problem where still the knowledge of English is not provided and thereby commercially those people are backward due to barrier of language. Commerce is a very important sector, which deals with monetary transactions, sales and marketing, portfolio investments and all banking transactions. When you think about International Commerce you see the communication is purely business but it involves English extensively. In international transactions English is a barrier to those who don’t know the language and for the people who are fluent in English, for them it is like their mother tongue. English and Commerce are two different sectors, but in international sphere they are interdependent. Mere commercial transactions won’t run successfully if you can’t communicate in English. So, it’s very important that the people who are involved in Commerce sector should have sound knowledge of English and they should fluently able to communicate in English. In this research paper, we will find the difficulties faced by the people involved in commerce sector while dealing with English and will try to find out the solution over this.

Legal Analysis of Catfishing in Telematic Commerce Transactions in Ecuador: Challenges and Solutions in the Context of Cybersecurity

En los últimos años Ecuador experimentó un crecimiento económico impulsado por la expansión de la conectividad a internet, el uso masivo de dispositivos móviles, la transformación digital y el impacto tecnológico de la pandemia por Covid-19. Este avance provocó un incremento en el número de tiendas virtuales, ofreciendo una amplia variedad de productos y servicios en la web, fortaleciendo la confianza de los consumidores en las compras en línea. Este progreso digital, también ha dado paso a nuevos tipos de delitos cibernéticos como el “Catfishing”, término que hace referencia a la suplantación de identidades en los procesos del comercio telemático. En esta investigación se realiza un análisis sobre el Catfishing en transacciones de comercio telemático en Ecuador, abordando detalladamente los desafíos y soluciones para reforzar la seguridad cibernética en este campo con miras en difundir sus efectos a la comunidad ecuatoriana sobre estos actos delictivos emergentes. El Catfishing constituye una práctica que implica suplantar identidades en línea con el fin de engañar a las personas y obtener ganancias económicas, este delito cibernético se convierte en una problemática real para la libre oferta-demanda que exige la comunidad globalizada. Por ello se resalta la importancia de comprender este fenómeno y concientizar los riesgos y consecuencias de estos ciberataques, para ello se estudiará el Catfishing y su impacto en el comercio telemático ecuatoriano a través del análisis de su normativa legal, con el fin de brindar una visión integral y critica sobre esta problemática

تسوية المنازعات في القانون التجاري - على ضوء القانون رقم 95.17

Mechanisms for settling commercial disputes have become one of the manifestations of legal and economic thinking at world level, a desired tool for regulating and stimulating national and international trade, and an important and essential factor in increasing the flow of investment and alleviating the burden on the national judicial system, prompting the various countries - at the highest level - to attach great interest to this peaceful means. In this respect, the high speech of His Majesty King Mohammed VI on the occasion of the opening of the judicial year on 29 January 2003 in Agadir affirmed the following: ‘.... Thus, in accordance with Our firm desire to continue working to promote investment and in application of Our directives set out in the letter We sent to Our Prime Minister to this effect, we invite Our Government to continue its efforts to modernise the justice system, by rationalising work, simplifying procedures and ensuring the widespread use of information technology. It is also necessary to diversify the procedures for the consensual settlement of disputes that arise between partners in commercial transactions, by proceeding, with all due speed, to draw up a draft law on national and international commercial arbitration, which will enable our judicial system to meet the requirements of globalisation and economic competitiveness, and to help attract foreign investment’. In his speech on the occasion of the anniversary of the Revolution of the King and the People on 20 August 2009 in Tétouan, His Majesty added that: ‘...At the same time, alternative dispute resolution methods such as mediation, arbitration and conciliation should be developed, alternative sentences should be applied and local justice should be reviewed....’. Then the speech of 14 October 2022, which stated: ‘Today, we are banking on productive investment as an essential lever for reviving the national economy and anchoring Morocco in promising sectors’.

Current legal activities come to the complexity of the term "electronic commerce": international and national level

The article provides a comprehensive study of various approaches to defining the term «electronic commerce» in the context of modern legal, economic and technological challenges. The analysis begins with an overview of scholarly perspectives on e-commerce, which range from narrow interpretations that focus on basic online sales contracts to broader concepts that encompass all aspects of electronic interaction between business entities, including logistics, marketing, financial operations and international transactions. The term «e-commerce» is clearly distinguished from related concepts, such as «e-commerce», «e-business», which mostly focuses on the sale of goods and services. The article also explores the positive aspects of e-commerce, such as increasing the efficiency of business processes, reducing transaction costs, access to global markets, increased convenience for consumers, etc. At the same time, a number of negatives have been identified, including the risk of personal data theft, payment fraud, and other types of cybercrime. The normative regulation of electronic commerce at the level of international law and in Ukraine is separately analyzed. The main legislative acts and their impact on the development of e-commerce are highlighted. On the basis of the conducted research, three key criteria for a clear definition of e-commerce are formulated, including legal relations arising through electronic means, interaction of entities through the Internet, and multi-level business processes, namely: basic e-commerce, integrated e-commerce and global e-commerce. As a result, a proper understanding of e-commerce as a form of business activity is proposed, which involves the implementation of commercial transactions using information and telecommunication means, covering a wide range of processes, including the conclusion and execution of contracts for the sale of goods and services, payment processing, logistics, marketing and advertising , as well as management of currency and customs operations during international transactions, which allows to increase business efficiency and reduce costs due to process automation, optimization of resource management, rapid exchange of information, reduction of transaction costs and simplification of communication between market participants.

The Risks of Electronic Piracy and its Impact on Arabic E-Commerce: Saudi Arabia as a Model

The objective of this research is to examine the legal consequences arising from attacks on electronic commerce and the associated risks. Currently, online trade is considered a fundamental pillar for major corporations, yet instances of electronic fraud and cyber piracy frequently occur during commercial transactions, particularly since e-commerce transcends geographical boundaries, making it vulnerable to cross-border cybercrimes. The researcher employed the descriptive-analytical method with a focus on legislation in the Kingdom of Saudi Arabia. The findings revealed that cyber piracy results in substantial losses for e-commerce at both the Arab and global levels, as evidenced by the cybersecurity index. The study concluded with the recommendation that Saudi Arabia should establish a specialized policy to combat cybercrimes associated with e-commerce by enforcing criminal sanctions, bolstering support for local institutions and investment bodies operating within its borders, and implementing measures and technologies to ensure the security of electronic commercial activities.

The Positive and Negative Effects of Sustainability on Real Estate Transaction Prices

In last decades, there is a trend to renew buildings and make them more sustainable. Studies have shown that energy measures (as an aspect of sustainability) often increase the value of real estate. The effect of other sustainability measures on real estate values, however, is unknown. This study examines the relationship between multiple sustainability aspects and the transaction prices of different types of real estate. For this study, we used official data on commercial real estate transactions from the Land Registry Office in the Netherlands and sustainability assessment scores from a Dutch sustainability consultant. In total, 10,652 real estate transaction prices between 2012 and 2023 and corresponding sustainability scores were used to perform regressions and hedonic imputation analyses. The results show that, opposed to energy, other aspects of sustainability often correlate negatively with transaction prices in the lower segment of sustainable real estate. These aspects correlate positively in the upper segment of sustainable real estate.

The Adequacy of the UAE Commercial Law in 2023 in Regulating Artificial Intelligence as a Subject of the Contract

The study aims to identify the adequacy of the UAE Commercial Law in 2023 in regulating artificial intelligence as a subject of the contract, This will be done by searching for the way in which the UAE legislator intervened to control the good and effective use of artificial intelligence, whether it was able to reconcile between protecting the interests of the parties to the transaction and encouraging technological development and investment in artificial intelligence to achieve the goals of the National Strategy for Artificial Intelligence. Then, the cases of using artificial intelligence as a subject for commercial transactions will be highlighted, because artificial intelligence is considered one of the funds and products that can be the subject of commercial transactions between professional traders, which remain subject to the applicable legislation, even those that link the trader to the consumer due to the availability of the elements of the consumer process in this type of transaction, which is concerned with protecting the consumer because the consumer transaction must be carried out with transparency and responsibility. However, as a result of the privacy of such transactions, the current legislation does not appear sufficient, but rather work must be done to establish legislative provisions to control dealings in artificial intelligence at the local and international levels to govern artificial intelligence.