Contract Of Sale Research Articles

Legal Protection of Buyers in Sales Contracts via Electronic Systems

The Inquire about on Buyer Lawful Security within the deal and buy assention through an electronic framework points to discover out how the legitimacy of the deal assention through an electronic framework and how the shape of legitimate assurance of buyers for misfortunes due to harm to merchandise obtained through an electronic. By the assention between the seller and the buyer within the deal and buy understanding, they have the rights and commitments. This investigate strategy utilize Library Research Strategy and the inquire about carried out within the library, where information is gotten from availeble information by perusing, considering books, laws and relations, magazines, logical paper, lawful word references and so on. Based on the strategy utilized, the comes about of this think about demonstrate that the legitimacy of the deal and purchaseagreement through an electronic framework still considers the legitimacy of the assention as Article 1230 KUHP of the Respectful Code, specifically assention of both parties, where both parties are able in doing lawful activity and cause-effect which is lawfull. Buyer's legitimate security for misfortunes due to harm to merchandise obtained through electronic frameworks is preventive assurance and oppressive security, the buyer who endured the misfortune casue for loss or claim the substitution of the harmed merchandise with products of the same brand.

The Regulations of Sales by Model in Jordanian Law and Islamic Jurisprudence

The study aimed to elucidate the legal and regulatory treatment when sold goods do not conform to the model accepted by the buyer, utilizing a descriptive-analytical and comparative approach. It was divided into two sections. The first section expounded on model-based sales in Islamic jurisprudence, identifying various types in view of different models and the Islamic jurisprudential stance on such sales. The second section addressed model-based sales in Jordanian civil law under Articles 468 and 469. Key findings revealed the Jordanian legislator’s recognition of the model-based sale contract and formulation of regulations in the Civil Law. However, it did not cover all related provisions, leaving other matters subject to general rules. The study recommends the necessity for the Jordanian legislator to expand provisions for model-based sales in the Civil Law and include detailed regulations.

Peculiarities of the contract on the creation to order of objects of related rights under the legislation of Ukraine

The work is devoted to the study of the peculiarities of the contract for the creation to order of objects of related rights under the legislation of Ukraine. The work analyzes these features through such issues as the subject composition of adjacent rights, the moment of emergence of adjacent rights, the moment of transition of adjacent rights from the primary subjects of adjacent rights to the customer, features related to the legal nature of objects of adjacent rights , in particular such an object as the performance and program of the broadcasting organization, the question is raised about the need to balance the interests of the primary subjects of related rights with the powers of the customer to accompany the work with prefaces, afterwords, etc., the connection of these powers with the personal non-property rights of the creator (primary sub object of related rights), as well as with the concept of originality, since according to the requirements of the current legislation, only original works are subject to protection (it is undeniable that the objects of related rights must also be original). Also, in addition to this, the provision on surveillance rights is analyzed. And although this provision does not apply to the objects of related rights, but taking into account the close relationship between the objects of copyright and the objects of related rights, this issue is also considered by us. Thus, the author proposes to make changes to the relevant current version of the article of the profile Law of Ukraine «On Copyright and Related Rights», in connection with the fact that the provisions of the current norm on the right of resale take place only in the case of sale, resale. But what if the object is alienated, but the form of such alienation is not a contract of sale, but a contract on creation to order? In the work, the author analyzes and compares the norms of the above-mentioned profile Law with the norms of the Civil Code of Ukraine on the issue raised in the article on the subject of their consistency. As a result of the analysis of these norms and the legal nature of the contract on the creation to order and the contract for the use of the object of intellectual property rights, a distinction is made between these types of contracts with the proposal of a new version of the corresponding article in the relevant Law and its consistency with the corresponding article in the Civil Code of Ukraine. Also, attention is drawn to the lack of mention in the relevant Law of such an object of related rights as a broadcasting organization program, in particular in Part 7 of Article 36 of the Law, in connection with which the author also proposes his own version of the relevant norm. Special attention in this work is devoted to the issue of ownership of property rights to the created objects of adjacent rights to the primary subjects of adjacent rights and consideration of the transfer of such property rights from the primary subjects to the customer as a result of the contract on creation to order.

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.

An investigation of the factors underlying informal settlement growth: The case of Burayu City, Ethiopia

Informal settlements in developing countries’ cities are becoming more and more widespread. The city of Burayu is no exception to this trend. To address the challenges involved, it is important to understand the reasons for the prevalence and perseverance of informal settlement. However, there is a lack of institutional and actor perspectives to investigate the process and factors driving the growth of informal settlement in Burayu city. This study investigates the process and precipitating factors underlying the growth of informal settlements based on institutions, structure and agency and social non-compliance perspectives. Primary data for this study were gathered via key informant interviews, questionnaires, and observations. Secondary data were obtained from the empirical data. This study revealed that local informal institutions such as social networking play a crucial role in the growth process of informal settlement by fostering an informal written contract of sale. The study also identified rural-urban migration, speculation, locational choice, and lack of good governance as precipitating causes for the growth of informal settlement. In addition, actors use formal institutional loopholes to engage in informal buildings. Therefore, along with government structure ineffectiveness, the behavior of informal actors’ was also identified as an important, albeit often neglected, factor in the growth of informal settlements. Identifying the impact of various informal actors' behaviors on the proliferation of informal settlements is vital not only for improving relationships among actors but also for introducing relevant institutions to control informal actors to improve land governance.

К вопросу о признании недействительным договора купли-продажи недвижимого имущества с «недружественным» элементом (на примере судебного дела по иску ООО «Бауэр Технология»)

The article contains detailed commentary of the judicial case arising from action filed by “Bauer Technology” LLC against businessman Prudnikov R.P. (№ А41-101031/22). In this case the real estate sale contract con-cluded with company under control of entity connected with “unfriendly” jurisdiction bypass the specific order of conclusion and execution, which requires permission by governmental commission and settlement through type “C” accounts, was for the first time declared invalid. The author pays substantial attention to the assess-ment of legal implications, led by indicated judicial practice, including in respect of: the difficulties of qualifica-tion of a party to a contract as belonging to one of the types of “persons of foreign states taking unfriendly ac-tions”; stemming from it, risks of a buyer under a real estate sale contract and its mitigation mechanisms; as well as growing importance of public control over transactions falling under counter-sanctions measures of the Russian Federation.

Buyer Guarantees at the Stage of Concluding a Contract for the Sale of Real Estate under Construction

If the contract for the sale of real estate under construction was intended to economically address the need of individuals for housing, the aforementioned contract failed to achieve the desired goal as a result of the emergence of many real estate investors who tried to exploit the need of individuals for housing in light of this housing crisis. We often hear about the failure to complete many residential complexes or the sale of the residential unit to more than one buyer or the seller escaping with the money of the bookers, so the buyers find themselves without effective protection. Therefore, the above risks have highlighted the need to include many guarantees that ensure the protection of the buyer in the contract for the sale of real estate under construction, thus ensuring that those who purchase residential units under construction are protected from exploitation and greed of investors. It is worth noting thatThe contract for the sale of real estate under construction stipulates a set of guarantees that ensure the buyer that the seller will fulfill his contractual obligations. The buyer in the contract for the sale of real estate under construction is exposed to the risk of the seller not completing the project. This risk does not exist in the normal sale, as it applies to a property that exists at the time of contracting. Therefore, we find that the laws regulating this contract have stipulated a set of guarantees that aim to provide adequate protection for the buyer, and that some of these guarantees do not go beyond the guarantees stipulated in the normal contract for sale, and someHaOther are new guarantees specific to the contract of sale of real estate under construction.

Voidable title in the sale of goods: One power to rescind, or two?

This article explores common law rescission within the sale of goods. It examines the proposition that the rescinding-claimant has a kind of legal, proprietary interest (a ‘power in rem’) to rescind a voidable contract of sale and revest legal title to the goods. This power is considered to be ‘proprietary’ because it binds third-party recipients who cannot plead good faith purchase, and it survives the recipient’s insolvency. The problem is that the data does not fit the theory; in truth, there is every reason to believe that the claimant has only a personal claim to rescind the contract of sale, with legal title revesting by operation of law thereafter. As a result of this analysis, we must: (i) reject the main academic account of this area of law (the ‘dual power’ analysis); and (ii) revisit the treatment of common law claims to rescind in the insolvency context.

Artificial Intelligence and Cybersecurity in Face Sale Contracts: Legal Issues and Frameworks

The sale of facial features is a new modern contractual development that resulted from the fast transformations in technology, leading to legal, and ethical obligations. As the need rises for human faces to be used in robots, especially in relation to industries that necessitate direct human interaction, like hospitality and retail, the potential of Artificial Intelligence (AI) generated hyper realistic facial images poses legal and cybersecurity challenges. This paper examines the legal terrain that has developed in the sale of real and AI generated human facial features, and specifically the risks of identity fraud, data misuse and privacy violations. Deep learning (DL) algorithms are analyzed for their ability to detect AI generated faces in order to potentially function as an AI safety in face sale agreement to allow the authenticity and protecting data. In addition, it examines the legal mechanisms surrounding consent, liability and data protection and suggests changes to help accommodate the complexity of AI. This paper proposes a framework by which AI tools can be integrated into the evolution of cybersecurity strategies, to mitigate risks and ensure compliance with such new legal standards and contribute to discussing the ethical and secure use of AI in Face sale contracts.

Quod se emisse diceret: Überlegungen zu einer Urkunde aus dem antiken London

Summary In 1996, Roger Tomlin published a document from ancient London (rib ii 2443.19), which contains a professional Latin legal text. It mentions a purchase transaction, but it is not a deed of sale. The expressions used (cum ventum esset, in rem praesentem, se emisse dicetur, testatus est se) rather indicate an extrajudicial, pre-trial context. The interpretation proposed here builds on the results of recent research in Roman law of procedure. Several indications suggest that the tabula records a preparatory act for future trial between the protagonists: Bellicus (the pursuer) bindingly declares that he is ready to take an extrajudicial oath concerning a contract of sale with his opponent, about this he can produce no other evidence.

On the Civil Legal Issues of ‘Haunted House’ Sales Contract - Take Peng Qian et al. and Chen Yuanhui et al. House Sales Contract Dispute Case as an Example

As a vital transaction in daily life, house sale is not only related to the property rights and interests of buyers and sellers, but also carries the peace and happiness of the family. However, when the target house of the transaction is labeled as a ‘haunted house’ -that is, there have been incidents such as suicide and homicide in the house, it often causes the buyers and sellers to fall into deep disputes and troubles. ‘Haunted house’ is not a legal concept, but it carries deep folk traditional concepts and psychological shadows, which has a significant impact on the purchaser’s willingness to live and the market value of the house. The research on the civil legal disputes of the sale contract of ‘haunted house’ is inevitable and necessary in practice. Taking Peng Qian et al. and Chen Yuanhui’s housing sales contract dispute as an example, this paper discusses the civil legal issues in the ‘haunted house’ sales contract, and clarifies the definition of ‘haunted house’ and its legal attributes as a defect of the object in combination with the research status at home and abroad, relevant legal provisions and scholars' views. At the same time, it is of practical significance to analyze the relief ways that victims can take in combination with the information disclosure obligations of sellers and intermediaries. FundingThis research was funded by Guangdong Province Science and Technology Innovation Strategy Special Fund ( College Students ' Science and Technology Innovation and Innovation Cultivation ), grant number Pdjh2024a073 and South China Agricultural University 2024 College Students ' Innovative Training Program Project, grant number S202410564128.

Damages Caused by the Non-Entitlement of the Seller's Income in the Laws of Iran and England

This research examines the concept of seller's warranty in transferring ownership of goods during a sale contract. In Iranian law (Article 362 of the Civil Code), a seller guarantees ownership of the sold item and the right price. However, ambiguity exists regarding compensation for the buyer if the seller lacks ownership. A landmark court decision (consensus decision of 811) allowed the buyer to claim the difference in price due to inflation (in cases of seller ignorance) based on similar goods. This decision considered principles outside the Civil Code and the 2000 General and Revolutionary Law of Civil Affairs. In English law (Sale of Goods Act 1979, Section 12(1)), the seller has a primary obligation to transfer ownership to the buyer. The aim of this research (descriptive-analytical method) is to compare remedies for a seller's wrongful transfer under Iranian law, particularly considering decision 811.The research seeks to establish a clear basis for seller liability in compensating the buyer. This would create a unified and consistent legal system for compensating damages suffered by wronged parties. Ultimately, the research aims to identify the most effective method of compensation that restores the buyer's position to pre-damage conditions. Based on the research findings, determining damages based on the price at the time of sale is found to be a suitable solution for compensating the buyer.

Suitability of Goods: Obligations of the Parties in International Sales and Purchases Case Study of the Borecene Sales and Purchase Contract between Kingspan (England) and Borealis (Denmark)

Suitability of Goods: Obligations of the Parties in International Sales and Purchases Case Study of the Borecene Sales and Purchase Contract between Kingspan (England) and Borealis (Denmark)

Validity of International Sales Contracts According to the United Nations Convention on Contracts of the International Sale of Goods 1980

Validity of International Sales Contracts According to the United Nations Convention on Contracts of the International Sale of Goods 1980

Legal Regulation of Digital Platforms and Antimonopoly Control: Application Practice

The article highlights some conflicts and gaps in the legal regulation of the activities of digital platforms, in particular marketplaces. Currently, in the field of e-commerce, a situation has arisen in which digital platforms (marketplaces) have ceased to play the role of exclusive information intermediaries, transmitting information about the product from the seller to the buyer with remote communication between them under sales contracts. In the doctrine of competition law, the classical approach is generally accepted, according to which an economic entity dominating a market may fall under the criteria of abuse of a dominant position. The "Fifth Antimonopoly Package" makes it possible to improve doctrinal approaches to the establishment of abuse of a dominant position by special subjects. The positions of the FAS Russia, which appeared in connection with the need to regulate complex relations to protect competition in commodity markets, where there are signs of “network effects”, have an important role for the exercise by antimonopoly authorities of powers to intersect monopolistic activities in commodity markets and the formation of a uniform approach in law enforcement practice in cases on violation of antitrust laws by owners of transactional digital platforms. New approaches to the application of relevant legal regulation, including in related markets, have been identified based on the results of an analysis of the norms of antimonopoly legislation, legislation on trading activities and specific decisions of the antimonopoly authority related to the application of Article 101 of Federal Law of 26. 07. 2024 No. 135-FZ “On Protection of Competition”.

A Study on the Utilizing of Adequate Assurance Demand for Contract Performance Prior to the Contract Performance Date in International Sales Contracts

A Study on the Utilizing of Adequate Assurance Demand for Contract Performance Prior to the Contract Performance Date in International Sales Contracts

IMPLEMENTASI ISTIHSAN DALAM PANDANGAN HUKUM EKONOMI SYARIAH

The aim of this research is to describe the study of Philosophy as a method for understanding Islamic law, especially in the field of sharia economics. The research approach uses qualitative research with the type of documentation or text study research, namely, a series of activities using collecting information relevant to the research topic, reading, taking notes and processing research materials. Meanwhile, analysis is used to carry out deeper discussions based on the information that has been obtained. The results of the research in this paper show that Philosophy is an important option in developing sharia economic law, such as salam sale and purchase contracts, al-istisna', murabahah, online shops, and vending machines which can now be investigated using the Philosophy Science method, apart from that. The advantages of applicable law with the basic aim of Philosophy are to eliminate Mudharat and achieve Ma?la?ah.

Role of Option of Sight (Khayar Al-Ro’ya) in Protecting the Buyer in International Sale Contract

Role of Option of Sight (Khayar Al-Ro’ya) in Protecting the Buyer in International Sale Contract

Suspicion on the Non-conformity of the Goods as a Foundation of Breach of International Sales Contract

Suspicion on the Non-conformity of the Goods as a Foundation of Breach of International Sales Contract

Legal Risks in Future Housing Purchase and Sale Contracts: A Case Research in Vietnam

A future housing purchase contract stipulates a predetermined sale price between a home buyer and seller, with the transaction set for a future date. This type of contract offers sellers the advantage of price security and continued property use until the sale, mitigating risks associated with market fluctuations and buyer scarcity. Nevertheless, these contracts also present several challenges, particularly the need for clear, transparent terms and careful legal risk management to safeguard the interests of all parties involved. This article uses the method pf analyzing the written law, the method of analyzing the situation trough the researching on secondary sources to analyze anticipated legal challenges in future housing purchase contracts and reviews relevant Vietnamese legal frameworks. It proposes essential contract terms and preventive measures aimed at minimizing risks and protecting the rights of the parties, focusing particularly on the buyer. These insights are intended to guide stakeholders in crafting more secure and equitable future housing purchase agreements.