Commercial Transactions Research Articles

CONSUMER PROTECTION FROM UNWANTED ELECTRONIC COMMERCIAL ADVERTISING UNDER LAW NO. 18-05

The technological development of the current era in various fields has led to the emergence of electronic commerce, which has become carried out through the Internet, which does not recognize geographical borders or the principles known by traditional trade, and this has increased its importance and danger at the same time. Electronic commercial advertising is considered one of the most important aspects of electronic commerce through which electronic promotion of products and services takes place, as it plays an important role in directing the will of the public and influencing the psyche of consumers, inviting them and urging them to contract with them to acquire certain products and services at the expense of others, and given the low cost of these electronic advertisements and the possibility of sending it via e -mail messages, electronic suppliers take advantage of this feature, and send it to the largest possible number of consumers, in an intensive manner, whether they have previously been dealt with or not, and whether they wish to do so or not, which increases the pressure on the consumer. These advertisements are often not accepted and welcomed by the consumer public, and therefore they are called “Spam " or " Spamming ", because they restrict the freedoms of individuals, interfere with their privacy and invade the consumer's private life, as soon as he opens his e-mail he gets surprised by it without any consent from him, and it is difficult for him to remove it from his e-mail, in addition to the damage it causes to consumers. Thus, consumer protection has become an important priority in all electronic transactions, especially protecting it from unwelcome commercial advertisements that the consumer receives via the Internet in order to avoid messages sent to him without his desire. Therefore, national and international legislation has resorted to limiting this phenomenon and combating unwanted advertisements, enacting legal texts regulating electronic commercial advertisements, and approving penal liability when violating them. Similar to the legislation of other countries, the Algerian le gislator issued Electronic Commerce Law No. 18-05 to regulate electronic commercial transactions in this new type of trade, which depends on electronic communication technology, as it stipulated through it the regulation of electronic commercial advertising

A Claim for Compensation for Recovery Costs under Article 10 of the Act on Counteracting Excessive Delays in Commercial Transactions – Selected Issues

Compensation for recovery costs, referred to in Article 10 of the Act on Counteracting Late Payments in Commercial Transactions, is an additional amount due to a creditor when a debtor delays a pecuniary performance arising from a commercial transaction. The nature of this performance is controversial both among legal scholars and in judicial decisions. On the one hand, it is pointed out that it does not depend on incurring any costs, while, on the other, the meaning of the word “compensation” is emphasized, and no costs are expected to be borne in order to acquire the right to claim them from the debtor. The author of the article brings together some of the currently trending views and reviews them taking into account some key challenges. He then supports one of them, justifying his choice and highlighting its practical consequences. Also, he indicates under what conditions and using which defence measures the debtor can defend themselves against such claims before court.

The Study on the Effectiveness of Arbitration Clauses in International Commercial Arbitration – From the Perspective of Contract Non-Formation

This study belongs to a more specific project, aiming at exploring the issue of the validity of arbitration clauses in international commercial arbitration when the main contract is not established, and addressing the issue of determining the validity of arbitration clauses in transnational commercial disputes to provide commercial operators, arbitrators or judges with guidelines and references for their ideas. This study is based on the classical jurisprudence of private international law, common law, and international commercial arbitration. Furthermore, based on the customs of international commercial transactions and the contents of the cases, it conducts legal doctrinal analysis, comparative analysis, and case analysis. From different perspectives, these legal norms and issues reflect that the arbitration clause has considerable independence and can typically be established independently of the main contract. The validity of an arbitration clause is based on sufficient formal and substantive elements. The study points out that the determination of the validity of the arbitration clause has its logic of the decision, and it should also apply the process of conclusion of the contract, which includes the conditions of the voluntary agreement of the parties, the process of invitation and negotiation, and the true intention of the parties. Keywords: Autonomy of Will, Independence, Arbitration Clause, Contract

EXEMPLIFYING THE (DE)SECURITISATION OF ENERGY IN THE BLACK SEA REGION

EXEMPLIFYING THE (DE)SECURITISATION OF ENERGY IN THE BLACK SEA REGION Pınar AKGÜL Abstract Growing energy resources demand an increase in the importance of new energy suppliers as well as routes. Alternative abundant energy suppliers and routes simultaneously increase the importance of the Black Sea Region (BSR). Inspired by the concept of securitisation, this article examines the nature of energy relationships among BSR countries. It is argued that accepting the fact that all countries in the region are prone to securitise energy supply or demand in their bilateral relations, the degree of securitisation differs from country to country. While Russia and a number of former-Soviet Union countries highly securitise energy, Turkey sees energy as a foreign policy tool, and tends to desecuritise energy in its relations with other countries. Securitization in this regard refers to conceptualising energy as a high political and security issue and potentially brings conflict or creates tension, whereas desecuritisation transforms security concerns into a commercial transaction. Moreover, criticising the conceptual aspect of the securitisation, this article examines the actions and practices of states referring to actual policies, such as energy projects (pipelines) in addition to speech acts. Keywords: energy, securitisation, the Black Sea region, energy projects Jel Codes: F50, F59, Q49

Regulating dependency: The political stakes of online platforms’ deals with French publishers

At a time when the news industry is struggling to cope with the dominance of the advertising market by large platforms, along with recent crises such as the COVID-19 pandemic, commercial deals and regulatory initiatives are becoming increasingly common. While there is ample space for regulatory interventions seeking to level the playing field between news industry stakeholders and platforms, we are concerned these might further cement the dependency of the former on the latter through co-regulatory frameworks that epitomize the capture of vital infrastructures by platforms. This article examines the three-year negotiation of French news publishers with Google and Meta, which concluded with four framework agreements being signed. For our analysis, we first look at the historical trajectory of how these deals were made possible, using secondary sources such as leaks, press releases and the French Competition Authority’s rulings; we then discuss their details and implications. We trace Google’s attempt to capture news media in France and discuss the asymmetrical power it has exercised over the news industry, and how the subsequent deals with Meta were affected. Finally, our case study shows that these frameworks are not sufficient to tackle systemic imbalances – despite their good intentions – because they fail to challenge the concentration of power by a handful of oligopolistic private companies and, thus, effectively leave it up to them and the free market’s idiosyncrasies to decide how they are implemented.

A hybrid decision making support method for parcel lockers location selection

Due to the rise of e-commerce, there has been a significant increase in commercial transactions, playing a crucial role in driving economic growth. However, the delivery systems need help locating addresses and dealing with issues such as missed deliveries and exacerbating problems in last-mile logistics, such as traffic congestion and environmental impact. Parcel lockers offer an efficient solution to address these critical issues, but selecting an appropriate location is vital to ensure optimal service and improve overall logistic performance. For this motive, our work aims to define the best location for parcel lockers in Ireland, Dublin, using the Spherical Fuzzy Analytic Hierarchy Process (SFAHP). Spherical Fuzzy Sets (SFS) involve decision-makers hesitating in evaluating location selection. The integrated model is a suitable approach to avoid AHP deterministic disadvantages. Moreover, it is the first application of SFAHP to select parcel locker locations. The obtained results will benefit policymakers in making their strategic decisions on selecting parcel locker locations.

The impact of the COVID-19 crisis on global real estate capital flows

PurposeCOVID-19 has had a significant global impact at many levels, including an impact on global real estate capital flows. This paper examines the impact of COVID-19 on global real estate capital flows over 2019–2022 to clearly articulate the extent of this impact on global real estate capital flows across regions, countries, major cities, real estate sub-sectors and by major real estate investors. Drivers of these global real estate capital flow changes are also identified. The strategic real estate investment implications of this impact are highlighted, as well as the implications going forward concerning the global real estate strategies for the real estate portfolios held by institutional investors.Design/methodology/approachTo assess the impact of COVID-19, the Real Capital Analytics (RCA) database of global real estate transactions over 2019–2022 is used to drill-out critical details on commercial real estate transactions to explore specific trends in global real estate capital flows in this period of the COVID-19 crisis. This includes real estate capital flows to specific regions, countries, cities, real estate sub-sectors as well as the role of major real estate investors.FindingsThe impact of COVID-19 is clearly shown with the major decline in global real estate capital flows in 2020, with a strong recovery in 2021. Reduced levels of real estate capital flows in 2022 reflect different risk dynamics, where 2022 has seen investors move on from the COVID-19 environment. In 2022, the risk of COVID-19 for real estate has been replaced by global real estate risk factors such as inflation concerns, geopolitical tensions, economic growth concerns, increased cost of debt issues and supply chain issues. This sees COVID-19 now rated as only the 6th most important risk factor in real estate investment decision-making for real estate investors in the Americas, Europe, Middle East and Africa (EMEA) and Asia–Pacific.Practical implicationsThis research has clearly shown the extent of the impact of COVID-19 on global real estate capital flows, as well as identifying the drivers of these real estate capital flow changes. It highlights that real estate investors have moved on and are now prioritising new risk factors ahead of COVID-19 risk. These critical risk factors reflect more recent financial, economic and geopolitical issues, which are key issues in real estate investment decision-making going forward. Investors need to structure these new risk factors into their real estate investment decision-making for the ongoing management of their domestic and international real estate portfolios.Originality/valueThis paper is the first published empirical research analysis of global real estate capital flows during the COVID-19 crisis. This research provides major insights on real estate investment decision-making during this crisis and the strategic changes seen in acquiring real estate portfolios in response to this major global crisis. The change in real estate risk priorities in 2022 as real estate investors move on from the COVID-19 environment is also identified and is clearly reflected in the 2022 global real estate capital flows.

فقہ اسلامی کی روشنی میں تجارت: جدید مصطلحات ، ضوابط، اور شرعی ہدایات

This research paper explores the fundamental terminology, rules, and Islamic Shariah guidance concerning trade, as derived from Islamic jurisprudence. Trade is an integral part of economic activities, and understanding its principles within an Islamic context is essential for Muslims engaged in commercial transactions. The paper aims to provide a comprehensive overview of the key aspects of trade, including its definition, importance, and ethical considerations. The research methodology employed is primarily based on an extensive review of Islamic legal texts, including the Quran, Hadith and works of renowned Islamic jurists. Islamic Fiqah is the principle of the guidance of this world till last Day of Judgment. The section on basic terminology establishes a foundational understanding of trade by defining key terms such as 'buying' and 'selling,' 'profit,' 'goods,' and 'contracts.'. The concept of 'Halal' (permissible) and 'Haram' (prohibited) goods and transactions is also explored, shedding light on the types of products or activities that are considered morally and legally acceptable or prohibited in Islamic trade. It highlights the need for Muslims to be well-versed in the basic terminology, rules, and Shariah guidance pertaining to trade to ensure compliance with Islamic ethics and achieve both material success and spiritual fulfillment. This Article focuses over such issues and seek help from these Fiqah books in Order to get Devine wisdom in solving worldly issues.

Child sexual abuse images and youth produced images: The varieties of Image-based Sexual Exploitation and Abuse of Children

Background and objectiveThis paper presents a categorization of sexual image crimes and abuse that occur against children, and it compares their frequency, dynamics, and emotional impact. ParticipantsA national sample of 2639 respondents aged 18-to-28 disclosed 369 childhood episodes involving a variety of image abuse. MethodsOnline self-administered questionnaire. ResultsThe analysis classified the cases into five incident types: 1) adult made images (child sexual abuse images), 2) images non-consensually made by other youth, 3) voluntarily provided self-made images that were non-consensually shared by other youth, 4) voluntarily provided self-made images non-consensually shared by adults, and 5) voluntarily provided self-made images to adults that entailed an illegal age difference or were part of a commercial transaction. We propose to refer to this aggregation of types as Image Based Sexual Exploitation and Abuse of Children (IBSEAC). Only 12 % of the image episodes qualified as adult produced, child sexual abuse images. Such adult produced image experiences were also not higher in negative emotional impact than the youth produced images. Only 10 % of the episodes involved images of children under age 13. ConclusionThe study highlights the predominance of youth made sexual images among the image exploitation and abuse affecting youth according to self-report. It also highlights the difference between what victim surveys reveal about the problem and what is inferred from police record studies.

An empirical study on real bug fixes from solidity smart contract projects

Smart contracts are pieces of code that reside inside the blockchains and can be triggered to execute any transaction when specifically predefined conditions are satisfied. Being commonly used for commercial transactions in blockchain makes the security of smart contracts particularly important. Over the last few years, we have seen a great deal of academic and practical interest in detecting and fixing the bugs in smart contracts written by Solidity. But little is known about the real bug fixes in Solidity smart contract projects. To understand the bug fixes and enrich the knowledge of bug fixes in real-world projects, we conduct an empirical study on historical bug fixes from 46 real-world Solidity smart contract projects in this paper. We provide a multi-faceted discussion and mainly explore the following four questions: File Type and Amount, Fix Complexity, Bug distribution, and Fix Patches. We distill four findings during the process to explore these four questions. Finally, based on these findings, we provide actionable implications to improve the current approaches to fixing bugs in Solidity smart contracts from three aspects: Automatic repair techniques, Analysis tools, and Solidity developers.

The Provisions of the Option of the Condition in Jurisprudence and its Impact on Dealers

This research aims to clarify the choice of condition provisions in order to show the extent of using those jurisprudential provisions acheived the commercial dealers satisfaction. The researcher used inductive approach, and jurisprudential comparative approach between jurists' doctrines. This research gives an imprtant result that the condition of choice is the most important condition between dealer, because it acheives the complete satisfaction sharia has recommended in commercial dealings in order to gain blessing in commerce, and unfortunately, by looking at dealing between people nowadays, the researcher notice that this condition is not common, which means jurists should study provosions of choice condition and focus on such condition in commercial dealings.
 

Utilizing Trusted Lightweight Ciphers to Support Electronic-Commerce Transaction Cryptography

Electronic-commerce (e-commerce) has become a provider of distinctive services to individuals and companies due to the speed and flexibility of transferring orders and completing commercial deals across far and different places. However, due to the increasing attacks on penetrating transaction information or tampering with e-commerce requests, the interest in protecting this information and hiding it from tamperers has become extremely important. In addition, hacking these deals can cause a huge waste of money and resources. Moreover, large numbers of connected and disconnected networks can cause significant disruption to the built-in security measures. In this paper, we propose to design a protocol to protect transaction information based on ElGamal, advanced encryption standard (AES) and Chinese remainder theorem (CRT) techniques. In addition, our protocol ensures providing scalability with high-performance security measures. We combine these algorithms with a robust methodology that supports the balance of performance and security of the proposed protocol. An analysis of our results proves that our protocol is superior to existing security protocols.

Elektronska menica kao potencijalno novi institut srpskog prava

In this paper the author examines whether the bill of exchange can be an electronic record, instead of a paper document. Today, a lot of communication among merchants goes on electronically. That is the reason why there is a need for digitalization of this security. Although it is not regulated in Serbian applicable law, it is necessary to examine basic questions about it, especially its issuing and using. We looked at the regulation of electronic documents and electronic signature, comparing it with the Serbian Bill of Exchange Act. When we consider our applicable law in area of electronic communication and connect it with purpose of bill of exchange, we conclude that it has the space to improve our regulation of this securities, so it will be very significant to introduce the electronic bill of exchange in our legal system. It will result in faster, easier and simpler commercial transactions.

LES LIMITES A L’APPLICABILITE DES BAUX A LOYER A USAGE PROFESSIONNEL EN REPUBLIQUE DEMOCRATIQUE DU CONGO.

This study examines the limitations of the applicability of commercial leases in the Democratic Republic of Congo (DRC). It highlights obstacles related to the lack of transparency in commercial transactions, widespread corruption in real estate matters, and weaknesses in the judicial system. Proposed solutions include promoting transparency, strengthening the judicial system, and promoting a culture of respect for contracts. These measures can help optimize the applicability of commercial leases in the DRC.

Emprunts et prêts privés à Moscou, avant que les banques n’existent, 1702

The essay analyzes private borrowing-and-lending in early eighteenth-century Moscow. It challenges any assumption that such interactions primarily involved commercial transactions among merchants and tradespeople; rather, these activities played an important role for Muscovites of all social strata in a developing urban economy. Disparate groups of the population behaved differently from one another when they borrowed and loaned money. Similarities in social status often helped explain individuals’ choice of partners in these transactions. However, men and women also borrowed and lent money across status categories. In examining such economic transactions, the article reveals some informal (if sometimes illegal) practices characteristic of private lending and borrowing in the city of Moscow in the early eighteenth century. Thus, this detailed study of transactions in 1702 demonstrates the existence of an active money market prior to the existence of banks. It also traces some connections between these informal arrangements and more formal financial institutions that followed, with the introduction of the first bank at mid-century.

Consumer Dissatisfaction in E-commerce Transactions: Protecting the Nigerian Consumers

Information Communication Technology (ICT) has had a significant impact on modern trade and commerce in Nigeria. Unfortunately, the impact of digitization and digital technology on commercial transactions has exposed consumers in Nigeria to a variety of issues, most notably consumer dissatisfaction. The phrase ‘what you ordered versus what you got’ has become popular as a result of unfair business practices and phoney advertising. Despite this, the efficacy of existing laws to safeguard consumers in Nigerian e-commerce transactions has now been called into question, as they continue to be subjected to unfair trade practices and deceptive advertising with limited legal recourse. As a result, this paper analyses the existing legislation in Nigeria that safeguards consumers’ rights and interests in e-commerce transactions. To achieve this aim, this paper adopts the doctrinal research methodology and finds that the extant laws for the protection of consumers in e-commerce transactions in Nigeria are outdated and not adequate to prevent exploitation and unfair trade practices. Consequently, it argues that there is an urgent need for the amendment of the existing laws to protect the rights of consumers in e-commerce transactions. E-commerce, consumer satisfaction, consumer protection law, Nigerian laws, consumer dissatisfaction, commercial law

Designing a Random Password Generator Using Python Programming Language

Every individual who uses various online services, is concerned about security and privacy to safeguard personal information and data from hackers. The password-generating system is one of several generating systems available for the security of users' data. Because of the rise in sharing of information online, internet usage, electronic commerce transactions, and data transmission, both password security and authenticity have become grave issues. However, this shows that the password's strength (or length) is also necessary to be strong. As a result, cybersecurity experts generally advise using complex password combinations. However, due to difficult patterns, individuals frequently forget their passwords. Unlike previous random password generators, the authors are putting forth a novel approach in this paper that will produce a strong password. The Python programming language has been used to create the password-generating system. The authors have used pyperclip, tkinter, random and string libraries in the code design. According to various tests of the system carried out, the trustworthiness of the generated passwords is one hundred percent.

ACCOUNTING PRESENTATION OF THE EFFECTS OF THE FLUCTUATION OF EXCHANGE RATES IN INTERNATIONAL COMMERCIAL BUSINESS

The problems related to the accounting presentation of the effects of the fluctuation of exchange rates are of extreme importance for enterprises specialized in conducting international commercial business. These effects have a significant impact on the financial results of the realized international activities and on key indicators for business analysis, among which profitability, efficiency based on costs, efficiency based on revenues, etc. This determines the need to provide sufficiently detailed accounting information to analyze the effects of changes in exchange rates when conducting international commercial transactions and the influence of the exchange rate differences on the financial results of these transactions.In the study of the issues in the article the normative and systemic approaches are applied. The legal requirements currently in force in the Republic of Bulgaria regarding the accounting of cash, receivables and liabilities in foreign currency, the recognition and reflection of exchange rate differences in the implementation of international commercial transactions are discussed.The possibilities for making improvements in the processes of creating and using accounting information for the effects of the fluctuation of exchange rates in the international commercial business of Bulgarian enterprises are investigated. Guidelines for improving the organization of the system for synthetic and analytical accounting of the costs and revenues of foreign exchange operations and their influence on the financial results of the international commercial transactions realized by the enterprises are proposed. An approach to applying alternative combinations of exchange rates is presented, which can be used for management purposes in comparing actual international commercial transactions with those previously planned.The proposed approaches for providing detailed accounting information for the effects of the fluctuation of exchange rates can be applied in the practice of enterprises developing international commercial business. The practical applicability of these approaches is shown on the basis of factual numerical data for a real international commercial transaction.The conducted research gives reason to summarize that an effectively organized system for synthetic and analytical accounting of the effects of the fluctuation of exchange rates is of key importance as an information source in the decision-making processes in the management of the international commercial business of Bulgarian enterprises in the conditions of the modern global economic environment.

M-Commerce and its impact on Today's Economy

Mobile commerce, often known as m-commerce, comprises the use of wireless portable devices such as mobile phones and tablets to undertake online commercial transactions such as the purchase and selling of items, banking on the internet, and bill payment. The main difference is that customers do not need a laptop or PC to achieve this. They can make use of portable technologies such as cell phones and tablets. Users can now use online shopping sites and other internet services from anywhere and at any time. For example, when someone purchases any products if they have an Android or iOS app, they are engaging in m-commerce. A mobile device may be used to buy and sell a variety of content assets such as games, programmes, ringtones, subscriptions, and so on. Mobile commerce offers organisations extraordinary market potential, high productivity, as well as elevated profitability due to intrinsic properties such as ubiquity, personalisation, flexibility, and diffusion.

SAFEGUARDING CONSUMERS: COMBATING DECEPTION IN E-COMMERCE

This research explores the significance of protecting consumers from electronic commercial deception, focusing on the Saudi regulatory perspective. It sheds light on this crime’s societal dangers and emphasises prevention's importance. The researcher outlines the risks and characteristics of this crime, highlights Saudi regulations aimed at curbing it, and examines the types and methods of commercial fraud. The study also emphasises the preventive and remedial measures to combat fraud and presents the associated risks and precautionary strategies. The researcher approaches the topic through preliminary definitions, followed by two sections: the first addresses fraud in electronic commercial transactions and the legal and regulatory stance in four demands. In contrast, the second section explores the impact of fraud on commercial electronic contracts in four demands. The conclusion summarises the key findings and recommendations, seeking guidance from the Almighty.