Principles Of Contract Law Research Articles

The nature of property in cryptoassets

AbstractDisputes relating to cryptoassets have proliferated in recent years, along with the rise of the cryptoasset market. Some of these can be resolved using traditional principles of contract, tort or trust law, but proprietary issues raise particular conundrums. While cryptoassets have generally been accepted to be property, that is merely the starting point. To properly resolve proprietary disputes, it is necessary to provide a reasoned and robust explanation for why particular rules of title originally developed in the context of tangible property should apply. In turn, two foundational questions must be answered. First, what is the subject-matter of the property right in cryptoassets? And secondly, what is the proprietary effect of a blockchain transaction? These issues have received relatively little attention in the literature, which has focused on whether cryptoassets are property at all, and existing contributions (including the Law Commission's recent Consultation Paper on Digital Assets) which do engage these issues are far from reaching consensus. This paper critically examines those views and puts forward its own reasoned approach for the application of traditional rules of title to cryptoassets.

Zaključenje ugovora i pravna sigurnost - primena međunarodnih standarda u srpskom ugovornom pravu

The paper addresses the rules governing the conclusion of contract from the aspect of the prevailing international standards in this area and their comparison with the appropriate solutions of the Serbian Law of Obligations. The international standards in the field of conclusion of contracts have been analysed primarily in the light of the relevant rules of the CISG, as one of the most widely accepted international conventions in the field of contract law, while also giving due consideration to the solutions of other important international documents and projects of uniform contract law, such as UNIDROIT Principles of International Commercial Contracts, Principles of European Contract Law and the Draft Common Frame of Reference for European Private Law. Among the plethora of issues relevant to the conclusion of the contract, the paper places the focus on those which seem most important from the perspective of their comparative analysis with the solutions of the Serbian Law of Obligations: negotiations, offer (contents of the offer, to whom the offer is addressed, revocability of the offer), acceptance of the offer (contents of the statement indicating acceptance of the offer) and the time of conclusion of the contract. Each of these issues has been separately analysed and evaluated in an endeavour to identify those solutions that contribute to achieving a higher degree of legal certainty in the relations arising from the contract conclusion, without standing in the way of party autonomy in this area.

The Principle of Racta Sunt Servanda in the Mechanism for Ensuring the Fulfillment of Obligations Under International Agreements

Problem setting. The mechanism for ensuring the fulfillment of obligations under international treaties is a complex legal phenomenon that includes a number of international legal institutions (the institution of obligation, institutions related to good faith, means of ensuring the fulfillment of obligations, institutions of international judicial bodies, institution of responsibility). The main premise that contributed to the formation of the mentioned institutional mechanism is the principle «pacta sunt servanda» «agreements must be fulfilled», which concentrated in itself the idea of the binding nature of international agreements, and later the conscientiousness of their implementation. Denoting the binding nature of any legal agreement, the principle «pacta sunt servanda» is one of the main principles of contract law. However, its implementation is accompanied by a number of problems, the solution of which requires the development of an appropriate scientific basis. Analysis of recent researches and publications. The analysis of recent researches and publications shows that the issue of the principle of contractual law “pacta sunt servanda” has repeatedly attracted the attention of the scientific community. Some of its aspects were considered by both Ukrainian and foreign scientists, including: S. I. Afanasenko, D. P. Bogatchuk, O. V. Butkevich, S. V. Gonzalez Sinisterra, Z. M. Yudin and others. However, most of the research and publications available today are rather superficial in nature. Target of the research is to analyze the legal meaning and essence of the principle «pacta sunt servanda». Article’s main body. The purpose of the article is to analyze the legal meaning and essence of the principle «pacta sunt servanda». The article highlights the legal meaning and essence of the «pacta sunt servanda» principle. The author takes the position that the binding nature of international agreements is based not only on the consensual nature of contractual norms, but also on the mutual interest of the parties in the agreement. The article explains the nature of the principle «pacta sunt servanda» from the standpoint of «jus cogens», which theoretically substantiates the meaning of the principle as a prerequisite for the formation of a mechanism for ensuring the fulfillment of obligations under international treaties. Based on a number of philosophical and legal theories, the most common of which are the theory of promise, the will theory, as well as the theory of efficiency, «pacta sunt servanda», as one of the principles of contract law, is generally recognized in legal science. The study of these theories justifications allows us to ascertain the absence of historical continuity between the initial and subsequent meanings of the principle, and even the absence of a consensus view in the doctrine. Conclusions and prospects for the development. Realizing the need to observe laws, as well as observing international treaties, at the individual level, the state must realize the necessity and inevitability of multi-level interaction in the international sphere. Only the understanding that in the implementation of the common will and cooperation it is possible to achieve a solution to the international problems that are currently faced by the international community, accepting the possibility of interaction to achieve the common interest, and not to meet the current economic needs of each state separately, will allow solving many global problems of our time and leaving to a new level of understanding of law as a tool for building a new reality within the framework of the interaction of states. In this regard, the principle of «pacta sunt servanda» is gaining more and more global scope.

Contractual interpretation in Brazil under the light of the 2019 Economic Freedom Act

The following article scrutinizes innovations brought by the Brazilian Economic Freedom Act to Art. 113 of the Brazilian Civil Code. Departing from a literature review, it outlines several aspects of these innovations, while underlining the principles of contract law – more particularly, private autonomy and the social function of contract. In its concluding remarks, the survey sets forth a call for debate on some pressing issues concerning Brazilian Private Law under the light of the Economic Freedom Act.

A Contract Law Approach for the Treatment of Smart Contracts’ ‘Bugs’

This article attempts to derive some principles concerning the legal treatment of bugs in smart contracts, namely errors in the smart contract code which may result to some unwanted or unexpected outcome at the execution of the contract. Before dealing with this main issue, the article concludes that despite the practical issues that arise concerning the application of traditional contract law rules and principles, these rules remain relevant, and that a smart contract is typically (but not necessarily) a mere tool for the performance of the contract and not a legal contract itself. Therefore, typically, bugs in smart contracts should be examined under the doctrines of the breach of contract and/or the unfair enrichment and not as reasons for any potential invalidity of the contract. Only in (rather unlikely cases) where a smart contract could be indeed perceived as the body of the legal contract itself, printing errors in the code or other expressional mistakes concerning the semantics of the code (albeit not its function) could be perceived as potential reasons for the invalidity of the contract, according to the relevant rules of each jurisdiction. Nevertheless, even in these cases, interpretation of the contract with objective standards should not be ruled out, even when the contract is concluded by means of artificial intelligence (AI). The article examines also contributory negligence issues.

America’s Race-Based Caste Structure: Its Impact in College and Professional Sports

Racial inequities in college and professional sports remain prevalent and persistent despite the awareness of such inequities by those with the power to effectuate change. This Article proposes that explanations frequently offered for the slow pace of progress often fail to account for the hierarchy derived from a race-based caste system embedded in American society. Relying on the work of author Isabel Wilkerson, Part II describes major pillars of America’s race-based caste structure. Part III examines how stereotypes of Blacks’ presumed intellectual inferiority and a lack of fitness for leadership roles adversely impact their access to positions of power in both college and professional sports. Part IV discusses how the caste-system hierarchy and its accompanying mindset manifests in the academic marginalization of Black college athletes and the transfer of revenue disproportionately generated by them to predominantly White coaches, athletic administrators, and athletes in non-revenue generating sports. This Article discusses the limited effectiveness of legal doctrine, including anti-discrimination laws and contract law principles, to significantly diminish the above-referenced racial inequities in college and professional sport. In addition, it proposes specific policies that may assist in achieving greater racial equity in sport. It concludes, however, that a necessary step in moving toward greater racial equity in college and professional sports is an honest recognition that systemic racial inequities are, in part, a product of a caste-system mindset.

The Undisclosed Principal Doctrine: Rationalisations, Justifications and Origins

The undisclosed principal doctrine is anomalous in the common law. The doctrine enables a principal to sue and be sued on a contract made by his or her agent with a third party who did not know the principal existed. In so holding, the doctrine appears to fly in the face of fundamental contract law principles. Commentators have provided a range of explanations for the doctrine's existence despite its apparent anomalous nature. This article critically analyses four explanations for the doctrine: the principal impliedly intends to contract with the third party; the principal provides the consideration to support the contract; the doctrine is a primitive form of assignment; and an "intervention thesis" that justifies the doctrine by coupling the consideration justification with the nature of the principal-agent relationship. All four of these theories are found not to withstand analysis. This article then considers a theory that the doctrine evolved out of the foreign principal doctrine in the mid-19th century due to changing customs and practices in international trade. While this theory is found wanting evidentially, this article agrees that the doctrine's origins almost certainly lie in mercantile custom, incorporated into the common law via the law merchant, most likely in the 17th to 18th centuries, from which point it ossified into a standard agency doctrine of general application. The article concludes by suggesting that the doctrine ought simply to be recognised as anomalous and exceptional to the standard rules of contract formation, rather than unconvincingly rationalised or justified on grounds that only act to further reduce its doctrinal coherence.

Good Faith Principles Application in Property Trading Business Agreements

The business practice of property service users in Denpasar City makes an agreement that begins with a standard agreement of cooperation that does not provide a balance of interests for the parties leading to a reaction that leads to the need to be given a proper place for the existence of the principles of good faith and propriety in the making and implementation of the agreement. So it is necessary to conduct a study on 1) How to implement the application of the principle of good faith in the implementation of business agreements for trade intermediary business actors in the city of Denpasar and 2) What are the forms of legal accountability of trade intermediary business actors to the parties related to the default of business agreements in Denpasar City. The method used in this study is a type of empirical normative legal research with a direct review approach to the field. The application of the principle of good faith in business agreements in the property trading business in Denpasar City has not been carried out properly, as indicated by the existence of defaults. To overcome this, any problems that arise in the field of business agreements must pay attention to the terms of the validity of the agreement, and the principles or principles in contract law by applying the principle of good faith. Basically, the parties must apply the principle of good faith in carrying out business agreements in order to achieve a balance of interests between the two parties. Keywords: business transaction agreement; good faith; property; buy; sell DOI: 10.7176/JLPG/123-05 Publication date: August 31 st 2022

The Abrogation of Sale and Purchase Binding Agreement (PPJB) Deed of Notary That Contains Standard Clause by a Verdict

The onus of making and undersign the Deed of Sale and Purchase Binding Agreement (PPJB) by a Notary is legally regulated in the PUPR Ministerial Decree No. 11/2019. This provides an obligation for a Notary in contrive the clause of the Binding Agreement that guarantees a legal preservation in the transition of land rights. In this research, the PPJB was using a standard clause containing an exoneration clause, thus causing an abrogation by a Verdict. This article uses a normative juridical research method, with secondary data and qualitative analysis. The eventuate is illustrate that the use of the principle of contract law is not legally valid if it contains an exoneration clause in it. As Public Officials who are charged with important duties and responsibilities, Notaries and PPATs must know all about legal studies related to make the deed so can avoid all lawsuits from parties that been disadvantaged due to disputes from the deed in the future.

Rationalizing anticipatory breach in Emirati law: A comparative legal study with English law

The Dubai Court of Cassation ruled a new trend in 2013 by creating the principle of anticipatory breach in a real estate appeal in Emirati law despite the fact that no similar doctrine is known to exist under this law. This doctrine is found in common law legal systems; it authorizes the innocent party to terminate the contract and sue for damages if there are serious grounds to believe that the other party will not perform his future obligations, even though the time of this performance is not yet due. UAE law, and likewise French law, recognizes the principle of an “actual” breach of contract; it must be a “present” to invoke the remedies of the agreement. This paper is meant to detect which bases the Dubai Court of Cassation relied on in the assessment of its decision in comparison with the nature of this doctrine (English law). It finally recommends the insertion of this doctrine in the general principles of contract law provided in the law of civil transactions with specific conditions and procedures.

TINJAUAN YURIDIS ATAS KEWAJIBAN NOTARIS DALAM MEMBACAKAN AKTA NOTARIS DAN IMPLIKASI HUKUMNYA (Studi Putusan Mahkamah Agung No. 351 PK/Pdt/2018)

This journal discusses the juridical review of the obligation of a notary to read a notarial deed and the legal implications of not reading a notary deed, based on Supreme Court Decision No. 351 PK/Pdt 2018, which in this review decision, the Panel of Judges annul: (i) Decision on cassation (Supreme Court Decision Number 560 K/Pdt/2016); (ii) Decision on appeal (Decision of the Bandung High Court with Decision Number 477/PDT.2014.PT.Bdg); and (iii) the decision of the Cibadak District Court (by Decision Number 27/Pdt.G/2013/PN Cbd.,). In the High Court's decision, the Sale and Purchase Binding Deed Number 12 made before Notary DS dated June 25, 2010 was canceled with the consideration that Notary DS as the defendant did not read the deed to the plaintiff, namely Sunardi's heirs, in this case the seller and owner of the land object. and delaying for more than 3 (three) years not providing a copy of the deed to the seller and then canceling the deed of sale and purchase agreement binding agreement between Sunardi's heirs and PT Sinar Timur Industrindo. However, in the review decision, the Panel of Judges considered that there was an error from the Judge to cancel the deed of sale and purchase agreement without involving one of the parties making the agreement (PT Sinar Timur Astrindo) in the lawsuit because in the decision there were only Sunardi heirs as the land owner (in the case as the seller) and PT Sinar Timur Industrindo (in the case as the buyer) were not involved and became parties to the lawsuit. The panel of judges considered that this violated the principles of contract law.

The Existence of the Abuse of Circumstances Doctrine in Agreement Law

The misuse of circumstances is one of the important factors that can invalidate the agreement's validity. Even though the parties have agreed on the agreement, if there is an orientation to abuse of circumstances, the agreement is null and void. This study aims to see the existence of abuse of circumstances associated with the principles of contract law. This research is legal research that tries to answer legal issues. Legal issues occupy a central position in a legal problem. This research uses a statutory and conceptual approach. Legal materials in this study include primary legal materials, namely: Civil Code/Burgerlijk Wetboek. Secondary legal materials include books, journal articles, study results and non-legal materials, including legal dictionaries. The analysis was carried out by conducting an inventory and analysis of the primary legal materials in the form of the Civil Code/Burgerlijk Wetboek to find prescriptions as legal recommendations. The study results confirm that the nature of the abuse of circumstances is an imbalance in the parties' positions in the agreement. This can be anticipated by applying the six principles of contract law simultaneously and comprehensively.

An Examination of the Concept of Good Faith in Consumer Contracts

‘Good faith’ is a concept that is recognized as one of the general principles of contract law in many legal systems around the world. It is a concept found within common and civil law traditions. In every legal system, Good faith has not just one but many meanings, as well as an unusual capacity to acquire expanded and altogether new meanings. Despite the numerous connotations of the concept of good faith, it has been given an essential role in consumer contract law. It is one of the tests that determine unfairness in consumer contract. The work examines good faith as an instrument that controls unfair terms in consumer contract in the German and English legal systems. The application of good faith in Germany and United Kingdom to consumer contract indicates that good faith in this context is not an artificial or technical concept. There is a dearth of academic scholarship that examines good faith as a criterion to test unfairness in consumer contract in Nigeria. The discourse would be of immense benefits to Nigeria jurisprudence in area of consumer protection. Keywords: good faith, consumer contract, Germany, United Kingdom, Nigeria DOI: 10.7176/JMCR/85-05 Publication date: April 28 th 2022

Legal Aspects of Additive Manufacturing in the Military Logistics

Background: The use of Additive Manufacturing (AM) in military logistics is limited by the uncertainty about the legal risks of using the method. Objectives: The purpose of this study was to identify the potential legal risks associated with AM of military materiel and its effects. The study was conducted as a case study, where AM is considered in military logistics. Methods: Legal issues were approached from the normative point of view in the context of potential legal dispute situations in four different cases. The topic was studied by reviewing and analyzing literature sources, official sources, and Finnish Defence Forces military materiel purchasing contracts and interviews. The study interpreted and systematized the general principles of IPR and contract law when using AM in the military. Results: An identified result of the study was that the use of AM to print military materiel under normal conditions may entail risks that should be contractually managed. In other cases, e.g. crises or wartime, there are risks, but they are difficult to predict and manage or are acceptable. The results of the study concern countries with a similar military economic system to Finland in terms of military logistics. The results can be applied to the activities of different security sectors, due to the similarity of their activities. Conclusions: The use of AM can enable the material to be used in safety situations where speed and versatility are required for material readiness. The use of the method requires a legal right, the holder of which has the right to manufacture the product. In different situations, the legal basis is open to interpretation and may pose risks to the decision-maker. The research will provide information to decision-makers for the preparation of contracts for the acquisition and maintenance of military material and implementing AM to military logistics.

Application of the Principles of Contract Law to Contractual Relations complicated by a Digital Element

The paper is devoted to the application of the principles of law in contractual relations, the emergence or implementation of which are associated with the use of digital means. The development of digital technologies has caused objective changes in the structure and qualities of economic turnover. At the same time, objective changes mean those that are formed due to changes in the behavior of private entities at the micro level.The author substantiates the thesis according to which, in conditions of a lack of regulatory regulation, the relevant principles of law are in demand sources of law for resolving potential conflicts of interest. The author states that in conditions when the main categories of civil law are being revised — subjects (identity identification), objects (tokenization), transactions (ways of expressing will in the digital economy), fulfillment of obligations (smart contracts), the main thing that law will remain unchanged is its principles. The principles of law are lawthemselves; the rest is either changing forms of relations that law affects, or a changing mechanism for the implementation of legal ideas. In turn, it is the principles of law that contain invariable methods of resolving conflicts of interest, which is the main subject of law. Complicating the contractual relationship with a digital element not only does not cancel the application of principles to such relations, but at the stage of insufficient regulatory regulation as a means of implementing the principles of law requires their active use to resolve conflicts of interest.The paper classifies some cases of digital means application at the stage of concluding a contract, fulfilling obligations, and enforcement. The potential of the principles of law for resolving disputable situations in digital contractual relations at each stage of the development of contractual legal relations is shown.

The invalidity in the principles of European contract law – Common cores and alternate ways

The Principles of European Contract Law (PECL) has never been adopted as a binding legal authority in the European Union. While it remained a conclusion of a massive research project, the PECL certainly has an impact on the amendments to the legal framework for contracts throughout the Member States, and it serves as a unique lex mercatoria for European businesses. Furthermore, the PECL provides a starting point for any research that aims to identify common cores in the European contract law heritage. Chapter IV of PECL is dedicated to the validity of contracts, thus, this chapter serves as the base for the document’s approach to the invalidity of contractual obligations. The invalidity of contracts remains a much-debated legal phenomenon in almost all jurisdictions and international business law. The presentation embraces the instances of invalidity (mistake, threat, fraud, inaccuracy in communication, excessive benefit, unfair advantage, unfair terms not individually negotiated), matters not covered by the PECL (illegality, immorality, or lack of capacity), the concept and the effect of avoidance, and the consequences of avoidance in light of the most recent amendments to the contract law framework in the Member States. The central question is whether the PECL’s system on the invalidity of a contract may serve as a bridge between the different approaches of continental civil law legal systems and the common law legal systems. The presentation provides some examples of hot topics from the case law of selected municipal courts in Europe to identify the challenges courts face when deciding on the validity of contracts these days. Using these examples and combining them with some of the most recent legislative developments on invalidity across Europe, the presentation is searching for an answer to whether the common cores the PECL identified could help the spontaneous approximation of the laws of the Member States on contractual invalidity, or the Member States chose alternate ways to react to the practical challenges of the modern business environment.

The precautionary measures clauses in indemnity insurance contract

Precautionary measures clauses impose on a policyholder or an insured person the obligation to perform certain acts or to refrain from certain activities until the occurrence of the insured event. Traditionally, the function of preventing negligent behavior by the policyholder is performed by rules on aggravation of risk or policyholder’s fault in the occurrence of the insured event. However, if they are ineffective, for example due to the inability to take into account the negligence in all cases (para 1 of Art. 963 of the RF Civil Code), the insurer is inclined to transfer some of the negligent acts onto the category of insurance exclusions in order not to pay compensation at all. As a consequence, the “all-or-nothing” principle prevails in resolving insurance disputes. The precautionary measures clauses, provided for in the Principles of European Insurance Contract Law (PEICL) and the legislation of Scandinavian countries (Sweden, Finland), makes it possible to reach a compromise: the insurer may consider the negligent behavior of the policyholder when paying compensation, but only insofar as it has affected the occurrence of the insured event or the amount of loss. This is more in line with the “proportionality rule”. In order to ensure the consumer rights, the authors propose to supplement insurance legislation (in particular, Chapter 48 of the RF Civil Code) with the legal institute of precautionary measures on the basis of the relevant rules of the PEICL.

Some aspects of a comparative legal analysis of the doctrine of error at the conclusion of a contract

The article presents the result of a comparative legal analysis of the aspects of the doctrine of error at the contract conclusion. The general origin of the concept of error roots in Roman law and was further developed along with the concept of contract and its validity. It is interesting how a variety of legal theories of error developed from one common Roman beginning, each of which is in constant search for difficult compromises. The author considers in a comparative legal context the issue of the admissibility of error in the circumstances of the future. Existing exceptions to the generally accepted refusal to recognize the significance of error about future facts are reviewed. The article also analyzes the nature of the problem of assessing the significance of error. Firstly, the nature of the problem of assessing error can be related to the fundamental contradictions of the principles of contract law, which must be taken into account when considering the significance of error. The doctrine of mistake is at the intersection of basic civil law principles, namely, binding of the contractual obligations (pacta sunt servanda), on the one hand, and the principles of freedom and autonomy of will, on the other. In this regard, the doctrine is one of the most controversial doctrines of contract law and seeks a balance between the interests of the stability of the turnover and the interests of each individual participant. Secondly, the nature of the problem of assessment of error is related to the issue of the correlation between contractual theory and defects of will. Depending on the prevailing contract theory, liberal or interventional, the key tasks of law are determined, respectively: either ensuring formal equality of opportunities between the parties and guaranteeing procedural contractual fairness, or ensuring substantive contractual fairness. Depending on this, a balance is determined in the search for the significance of error. The author of the article also proposes to get acquainted with the results of a comparative legal study of the criteria for the significance of an error used in some countries of the European civil tradition and common law countries. Subjective and objective concepts of significance are analyzed, as well as combinations of their elements, which are reflected in the regulation of the considered legal orders. The study is useful for developing and improving the domestic doctrine of error.

TERMINATION OF THE CONTRACT OR CHANGE OF ITS TERMS DUE TO FORCE MAJEURE DURING MARTIAL LAW

The military aggression of the Russian Federation against Ukraine has affected almost all spheres of human life in Ukraine, including the possibility of fulfilling civil obligations. It is assumed that for these reasons, a large number of civil law agreements concluded in Ukraine will not be properly implemented, the conditions will be changed, and in other cases, in general, the termination of the agreement. In this regard, there is a need to investigate the consequences of noncompliance with civil law obligations due to martial law in Ukraine. If the parties have not agreed to bring the agreement in line with the current circumstances of martial law, which have changed significantly, the agreement may be terminated on the grounds established by the Central Committee of Ukraine, amended by a court decision at the request of the interested party. the moment of concluding the contract the parties assumed that such a change of circumstances will not occur; the change of circumstances is due to reasons that the interested party could not eliminate after their occurrence with all the care and diligence required of it. Legal regulation of the legal consequences of significant changes in the circumstances that exist when concluding a contract is usually based on one of two key principles of contract law: the principle according to which contracts must be performed (pactasuntservanda), or clause (clausularebussicstantibus). The legislation of foreign countries contains norms according to which «a change of circumstances may justify a change in the contract, when the preservation of the contract in its original form leads to extraordinary results, incompatible with justice.» The main consequences of a significant change in the circumstances that guided the parties in concluding the contract are: – actually change the contract, ie change the terms of the contract (and as a consequence – the obligations between the parties) while maintaining the contract in force; – and termination of the contract by agreement of the parties.

Principles of Fulfilment of Patient Duties in Medical Treatment

Nowadays contract law tends to be applied to the medical treatment contract. This causes the normative value of patient duties to grow, which is also consolidated in the legal system. However, the medical treatment relationship is special, and absolute transfer of the principles of contract law to the medical treatment contract is problematic. Uncertainties and clashes are observed when evaluating the interpretation of the principles of fulfilment of patient duties and the criteria for their application. The pacta sunt servanda principle which dominates in contractual law governing the fulfilment of patient duties is to be adapted, considering the specific features of the medical treatment relationship. The research aim is to analyse the principles of fulfilment of patient duties in medical treatment, find deficiencies in interpretation and application in respect of these principles and propose specific solutions for the improvement of the principles of fulfilment of patient duties. The following primary research methods were used in the study: analytical, systemic, teleological. The result of the study provides evaluation of the principles of fulfilment of patient duties, specifying the circle of persons related to patient duties when these duties are established and terminated, as well as the limits for the fulfilment of patient duties. Based on this evaluation, a proposal is put forward for the improvement of normative regulations.