Legal Transactions Research Articles

JOINT WILL RECOGNITION AS A SUCCESSION CONTRACT: RIGHTS AND OBLIGATIONS’ STATUS ISSUES

Joint wills as a contractual succession institution exists as a legal form, which is characterized by an unstable legal nature. Applicable legal regulation, depending on concrete factual composition, can convert joint wills into a contract of succession. With this transformation, principal categories for legal regulation will be changed. This transformation includes the norms that determine the status of rights and obligations, activity and retroactivity of the norms that determine the essential components of both joint wills and succession contract. Questions will undoubtedly arise in competent law determining to ensure convertation. The convertation process as a legal transaction of an independent nature causes substantial conflicts between the rules governing the right of succession under joint will and the rules governing succession under contract. The reason for this phenomenon is the detipization of conflict factors. Conflict factors, named with term detipization exist as a mixture of material norms that occurs as a result of a meaningful conflict without due legal basis or appropriate legal result. In the situation of the possible recognition of joint wills as a concluded succession contract, conflict factors detipization will cause a conflict of qualifications in the situation of applying identical legal categories related to succession under joint wills norms and succession law norms, which secure succession under contract.

TWITTER SOCIAL MEDIA SENTIMENT ANALYSIS AGAINST BITCOIN CRYPTOCURRENCY TRENDS USING RAPIDMINER

Cryptocurrency trends, especially Bitcoin, have gained a place in a group of people and there are even countries that already use Bitcoin as a legal transaction tool. The dynamics that occur in this Bitcoin trend make many new users. This lack of understanding of the technology can cast doubt on those who want to get started, so it is necessary to conduct sentiment analysis to increase knowledge of what Bitcoin is and how it works. This study aims to conduct a Sentiment Analysis regarding Bitcoin through Twitter social media, so that their opinion on this technology will be known. The method used is by using Tweet data that has been downloaded on the www.data.world.com website. The data is the result of using the Crawling technique, then sentiment analysis is carried out to classify a tweet into Neutral, Positive, or Negative. The results showed that from the 1998 dataset, 46.69% were classified as Neutral, then Positive, 43.54%, and 9.75% Negative.

Ölüme Bağlı Tasarrufların Tahvili

Kesin hükümsüz bir hukukî işlemin, benzer ekonomik sonuçlar doğuran bir başka işleme çevrilerek ayakta tutulmasına tahvil denir. Tahvil müessesesi, Alman hukukunun aksine genel bir hükümle düzenlenmemesine rağmen, Türk ve İsviçre hukukunda da kabul görmektedir. Bununla birlikte tahvilin hangi hukukî temele dayandığı hususunda farklı görüşler vardır. Unsurlarının mevcut olması hâlinde tahvil, re’sen gerçekleşir. Kural olarak her türlü hukukî işlemde söz konusu olabilmekle birlikte tahvil kurumu, sağlar arası hukukî işlemlerden ziyade ölüme bağlı tasarruflarda önem arz eder. Zira yaptıkları hukukî işlem geçersiz olan tarafların, sonradan aynı hukukî işlemi geçersizliğe yol açan sebepten arî olarak yapabilmeleri mümkündür. Oysaki ölüme bağlı tasarrufların geçerli olup olmadıkları miras bırakanın ölümüyle birlikte gündeme geldiği için geçersiz ölüme bağlı tasarrufun geçerli bir şekilde yapılabilmesi söz konusu olamaz. Nitekim bu sebeple kanun koyucu, miras hukukuna ilişkin bazı hükümlerde tahvilin gerçekleşeceğini açıkça düzenlemiştir. Anılan kanunî tahvil düzenlemelerine ek olarak tahvilin unsurlarının mevcut olduğu başka hâllerde de tahvil söz konusu olabilir.

Finans Piyasalarında Leasing Süreci ve Finansal Kiralamanın Tescil ve Şerhinin Değerlendirilmesi

In this study, the issue of registration and annotation of financial leasing as a financing tool and method was touched upon and explanations were made on the subject. Although financial leasing refers to a contract, it is ultimately a financing instrument and method. Financial leasing refers to a process that begins with an investment decision and continues until the end of the financial leasing contract. Although it is a two-sided legal transaction, actors such as the seller and the manufacturer also have an active role in the financial leasing process. In Dec Jul, although the supply of the required goods and the rental of the goods are considered as separate transactions, there is a close relationship between them. The financial leasing process begins with the investor making an investment decision. The first stage of the investment process is the investor's need for a fixed asset that he intends to use in his business and the decision he makes to eliminate this need. After making this decision, the investor decides which way to fund the investment he will make, in other words, which way to finance the investment. Key Words: Leasing, Financial Markets, Financial Registration and Commentary

Out-of-Court Settlement of Consumer Sales Claims

The subject of the article is to describe and analyse the functioning of out-of-court consumer redress systems, which deal with the settlement of civil disputes between consumers and entrepreneurs related to the purchase of defective items. The practice of legal transactions involving consumers shows that regulations alone are not enough to ensure that their rights are protected. The essence of the problem boils down to a lack of determination on the part of consumers to pursue their claims. The deficiencies of the Polish justice system, such as high costs of proceedings, protraction of proceedings, uncertainty as to the court's decision on the case, and the inability to enforce court judgments, effectively dissuade consumers from fighting for their rights. The remedy for this may be the proceedings for out-of-court settlement of consumer disputes and the activity of permanent conciliation courts. The aforementioned conciliation systems are run by the Trade Inspection as a body dealing with the protection of consumer rights. As practice shows, these systems are not sufficiently used. There is a need for information and education among consumers and entrepreneurs at the central and local levels to promote amicable settlement of consumer disputes.

Esperanto as a Language of Legal Acts

‘Aliĝilo’ and ‘kotizo’, two Esperanto words commonly used when concluding contracts for the organization of Esperanto events, are referred to in this article as the symbols for analysing the use of Esperanto in civil law. Considerations around the concept of the linguistic form of a legal act are conducted on two levels. The first plane addresses legal transactions between Esperantists in the Esperanto movement in terms of their admissibility and legal weight. The second plane applies to common civil-law transactions, with a special emphasis on international trade, through the prism of the admissibility, weight, and areas of use of Esperanto. The author analyses the so-far merely signalling statements in the Polish civil-law doctrine concerning the legal meaning of the use of Esperanto and deepens research in this area. In this respect, the author analyses legal acts in general, limitations resulting from the application of the Polish Language Act and those legal acts that require a special form, such as last wills and testaments and bills of exchange, in terms of admissibility of expressing a statement of will in Esperanto. An important role is also played by the placement of the subject in the context of the following principles: freedom of contract and freedom of form of legal actions as well as equality of parties to legal relationships of the civil-law type. The procedural consequences of the use of Esperanto in the sphere of substantive law are also shown. In addition to evaluating numerous examples, the case of the practical application of Esperanto in law is discussed. The summary outlines advantages and risks as well as offers legislative proposals.

The Islamic Approach to Preventing Corruption in Financial Transactions

There is no doubt, Islam is a great religion whom Allah made it comprehensively compatible with every moment and situation due to its unique principles and high standards in rearranging legal transactions with individual’s relationships precisely within the communities. The essence of Islam is to enhance the continuity of life with its prosperity and bridging individual clashes and enormities. For this, the Almighty and all wise Allah with His heavenly legislation would grant some mechanisms and criteria’s to promote justice and life from all perspectives. This comes following many advancements life has made with relation to “legal transactions” amidst individuals as contributed to spark many contemporary issues.

Offline-Signature Verification System using Transfer Learning VGG-19

Nowadays, Signature verification is one of the most common and effective biometric systems that used to recognize people in many institutions. In modern era of technology, advanced neural networks have provided us an option to solve this issue. In this study, The Robinreni Signature Dataset was utilized to classify the signatures of 64 people, each of whom had 64 original signatures and 64 fake signatures. One of the most popular CNN architecture, namely, VGG19, were used. Firstly, the dataset was distributed accordingly 1649 and 500 for training and validation. Secondly, preprocess the data to train the model. After that the model training process is started using transfer learning approach. Obtained experimental results that VGG19 is best suited for datasets with a validation accuracy of 98.79%.. Everyone has their own unique signature that used to identify and verify important documents and legal transactions. Our study shows the effectiveness of VGG19 for Signature Verification task. The findings will aid in the development of more effective Deep Learning-based signature verification methods.

Observations on the Voynuk Economy in the Filibe and Tatar Pazardzhik Kazas in the 16th – the Beginning of the 17th Centuries

On the basis of several unpublished registers, the article examines the real practice of official Voynuk land ownership. The historical-legal analysis is applied in the research work. According to law, Voynuk farms were exempt from land taxes, but were part of the state land fund. However, the Voynuk baştina differed from the Rayet çiftlik and baştina not only in that it also included vineyards, gardens and even houses, but the sizes of the fields were often smaller than the legal norms for a pair of arable land. This can be explained by the fact that these areas were sufficient for the sustenance of a Voynuk household, since the considered category of population was exempt from land taxes and jizyah. However, as early as the 16th century, a property differentiation was gradually created between the Voynuks and a thin layer of wealthy owners of service lands stood out. They expanded their arable lands both by unregulated means, entering in the timar land, and through perhaps perfectly legal transactions for the transfer of shares of arable land between the Voynuks themselves.

Offline Handwritten Signature Recognition Using Deep Convolution Neural Network

In the modern age, technological advancement reached a new limit where authentication plays a vital role in security management. Biometric-based authentication is the most referenced procedure for authentication where signature verification is a significant part of it for authentication of a person. To prevent the falsification of signatures on important documents & legal transactions it is necessary to recognize a person's signature accurately. This paper focused on recognizing offline handwritten original & forged signatures using a deep convolution neural network. We use a completely new dataset & also downloaded datasets to train the system & verify a random signature as genuine or forgery. All testing samples are collected from several individuals after several steps of preprocessing the model is fed with the resultant image to our system, the experimental results give us an accuracy of 95.5% from the dataset.

The Position of Municipal Economic Enterprises Against Stamp Duty

Günümüzde Türkiye’de özelleştirmeler ile kamu iktisadi teşebbüslerinin sayısı azalmış olsa da belediyeler tarafından kurulan iktisadi teşebbüsler sürekli artış göstermektedir. Belediyeler tarafından kurulan ve sermayeleri de belediyeler tarafından sağlanan bu kuruluşlar çok sayıda personel çalıştırmakta ve önemli bir iktisadi işlem hacmi gerçekleştirmektedir. Damga vergisi hukuki muameleler için düzenlenen kâğıtlar nedeniyle gündeme gelen bir hukuki muamele vergisidir. Damga Vergisi Kanunu’nda belediyelerin de içinde yer aldığı resmi daireler bu vergiden muaf kılınmış ve bunlar ile kişiler arasından düzenlenecek kâğıtların damga vergisinin işlemin diğer tarafı olan kişilerce ödeneceği düzenlenmiştir. Belediye iktisadi teşebbüslerinin de bu muafiyet kapsamında bulunup bulunmadığı ile bunların gerçekleştirdikleri iktisadi muamelelere dair kâğıtların damga vergisinin kim tarafından ödeneceği zaman zaman uygulamada ve yargı kararlarında tartışma konusu olmaktadır. Bu çalışma belediye iktisadi teşebbüslerinin damga vergisi karşısındaki konumunu açıklamaya çalışmaktadır.

Signature Recognition for Banking System

Abstract: The use of signatures for personal identification and verification is very common. Verifying signatures is necessary for many documents, including legal transactions and bank checks. The authentication of several papers using signatures is an extremely challenging and time-consuming job. As a result, systems for biometric personal verification and identification that rely on measurable, distinctive physical traits (such as fingerprints, hand geometry, faces, iris scans, or DNA) or behavioural traits have experienced an accelerating expansion (gait, voice etc.). Since tokens, passwords, pins, and other commonly used identity verification techniques have a number of fatal flaws and can't meet security requirements, the research looks into a feature that is far more often used: signature verification. We discuss the methods for authenticating signatures. We classify and outline the many techniques put forth for verification of signatures

Domain-Specific Language for Land Administration System Transactions

The Land Administration System (LAS) records real estates, owners, and rights information. Changes that take place in the real world are recorded as transactions in LAS. This paper discusses various data-integrity constraints that have to be taken into account so that LAS data will be correct and consistent after the execution of LAS transactions. Those transactions are executed by system users, typically through some graphical user interface (GUI) applications. Domain-specific languages (DSLs) provide the possibility for domain experts to write statements that can be interpreted and executed on respective software systems. In the case of LAS, DSL for LAS transactions could enable land administration experts to write statements that would execute transactions and keep LAS data up to date with real world changes. Two types of LAS transactions are considered: legal transactions, which result in ownership changes, and survey transactions, which change the real estate geometry data. In this paper, a possible DSL solution for transactions in the LAS domain is proposed. A system architecture that could enable the efficient writing, validation, verification, execution, and storage of DSL statements is also proposed. A possible DSL for LAS transaction implementation is presented, and examples of legal and survey transactions are explained. The advantages and possible challenges of the proposed solution’s implementation are also discussed in this paper.

MİRASIN İRADİ REDDİ (MİRASIN GERÇEK REDDİ)

According to Turkish Civil Law the inheritance passes on the heirs ipso iure and universally [Turkish Civil Code (“TCC”) Art. 599]. The inheritance consists of rights and debts of the deceased. The heirs (statutory and/or appointed heirs) become the right holders and debtors without their will. By the death of the deceased, two separated assets that are general asset of an heir and special asset start existing together in the legal sphere of an heir. The special asset corresponds to the inheritance passed on which is subject to a special regime. Although the inheritance passes on the heirs, they shall not be forced to have rights or undertake obligations against their will. Therefore, under Turkish law, heirs are entitled to disclaim the inheritance under a certain period which is three months. In this article, the meaning of disclaiming an inheritance, the aim of the norm that regulates disclaiming , the conditions for disclaiming and the effects of disclaiming on the successors of the heirs, on the creditors of both heirs’ and the deceased, and lastly the situation of the legal transactions took place in the disclaiming period after an heir disclaims her/his inheritance will be examined.

YÜKSEKÖĞRETİM KURUMLARINA AİT BULUŞLARIN TİCARİLEŞTİRİLMESİNİN ÖNÜNDEKİ ENGELLER

The most important issue after the emergence of an invention belonging to a higher education institution is the commercialization of this invention. Because unless the invention is converted into a product and commercialized, it is not possible to contribute to technological development. In our country, inventions belonging to higher education institutions are commercialized through Technology Transfer Offices (TTOs). In this context, what should be done is to commercialize the invention, whose price is determined, by finding a suitable customer. However, the commercialization process of inventions belonging to higher education institutions becomes quite complex since it is not considered as a whole, and necessary regulations are not brought in our country. The invention is evaluated just like other movable and immovable property owned by the higher education institution. In this respect, tender legislation is applied in legal transactions such as transferring the invention to third parties and licensing it, as in other movable and immovable properties. It is obvious that tender processes are not compatible with the nature of the commercialization of inventions. In addition, it is unclear how the income from commercialization will be shared through which unit of the higher education institution.
 In this context, in the first part of the study, commercialization and commercialization ways and TTOs, in the second part, commercialization barriers and in the last part, solution proposals were tried to be examined.

Kajian Hukum Islam tentang Rekening Bersama (RekBer) pada E-Commerce

<p align="center">In trading conducted online or better known as E-Commerce, there are many cases of fraud that occur. Until finally, a Joint account emerged as an alternative for safe online transactions. Based on the above background, this study aims to discuss the legal status of the use of joint account services and any contracts that can be used in Joint Account transactions (RekBer) in E-Commerce. This research is a normative legal research, while the specification of this research is analytical descriptive. The main approach taken is doctrinal. The results of this study are that in Islamic law the use of third party services in a legal transaction is permissible (permissible), while contracts in account transactions in E-Commerce can use a combination of salam contracts and wakalah bil ujrah or ijaroh a'mal contracts.</p>

Predicting Trade Mispricing: A Gaussian Multivariate Anomaly Detection Model

Objective - This paper predicts a measurement indicator for the trade mispricing channel and its effectiveness in identifying IFFs. Methodology – A model gaussian multivariate anomaly detection algorithm, for classifying between legal and illegal transactions that are suspicious in terms of misreporting was developed. The method is a machine learning technique and uses data from South Africa, Botswana, the USA, and China over a period from 2000 to 2019, to learn whether there are any intriguing differences in the model performance based on these countries and the effect of other factors. Imports and Exports are used as features of the model while the net flow derived from these features is used as the third feature of the model. Imports and exports data are sourced from IMF’s Direction of Trade Statistics database. Annual tariffs data and corruption data come from the WDI database and Transparency International’s Corruption Perception Index, respectively. Data for ‘accounting and auditing standards’ comes from the world economic forum. Findings - The result showed that while the model may be effective in detecting IFFs due to mispricing, other factors may however contribute to irregularities of trading data that is flagged as IFFs. This in addition to accounting for total quantum, also provides details empowering governments with the information to stimulate and drive the desire to curb IFFs from its different sources and channels. Novelty - This study contributes to the debate on trade mispricing by proving a baseline measurement to help detect and track IFFs. Type of Paper: Empirical JEL Classification: F17, Q02 Keywords: Gaussian Multivariate Anomaly Detection; GMAD; Illicit Financial Flow; IFF., Trade Mispricing; Reference to this paper should be made as follows: Opeyemi, O.I; Mendon, D; Lenhle, D. (2022). Predicting Trade Mispricing: A Gaussian Multivariate Anomaly Detection Model, J. Bus. Econ. Review, 7(1), 61–74. https://doi.org/10.35609/jber.2022.7.1(2)

Virtual Money Exchange (Cryptocurrency) with Real Money (Rupiah) based on Sharia Economic Law Perspective


 
 
 The purpose of this research is to analyze the exchange of virtual cryptocurrency money with real rupiah money from the perspective of sharia economic law. Currently there is a lot of money in virtual form, one of which is bitcoin. The emergence of this type of virtual money is proof of one of the latest technological advances. Bitcoin has been widely used by several countries and even makes it a transaction tool. Cryptocurrency is becoming a booming trend as a new investment opportunity. Not even a few believe that crypto becomes an attraction because it is considered to have different characteristics in solving expenses without using a third party. Some of the provisions in the exchange contract between the same and different currencies, namely exchanging money with similar types such as rupiah with Rupiah and must be done in cash, if different currencies such as Rupiah and Dollar must also be in cash, if the exchange occurs between money and commodities, the most important thing is agreement between the seller and the buyer. Cryptocurrency (Bitcoin) is legal to use for people who accept and acknowledge it, but MUI and OJK do not allow it as a commodity and similarly BI does not allow it as a legal transaction tool to be used in Indonesia because it is considered not to meet the requirements as a currency like Rupiah. and in the perspective of sharia economic law that cryptocurrency (Bitcoin) is an object or object that is not allowed (haram).
 
 

Detecting Illicit Financial Flow through Gaussian Multivariate Anomaly Detection Model

This paper predicts a measurement indicator for the trade mispricing channel and its effectiveness in identifying IFFs. A model, gaussian multivariate anomaly detection algorithm, for classifying between a legal and illegal transactions that are suspicious in terms of misreporting was developed. The method is a machine learning technique, and uses data from South Africa, Botswana, USA, and China over a period from 2000-2019, to learn whether there is any intriguing differences on the model performance based on these countries and effect of other factors. Imports, Exports are used as features of the model while the netflow derived from these features is used as the third feature of the model. Imports and exports data are sourced from IMF’s Direction of Trade Statistics database. Annual tariffs’ data and corruption data comes from the WDI database and the Transparency International’s Corruption Perception index, respectively. Data for ‘accounting and auditing standards’ comes from the world economic forum. This study contributes to the debate on trade mispricing by proving a baseline measurement to help detects and track IFFs. The result showed that while the model may be effective in detecting IFFs due to mispricing, other factors may however contribute to irregularities of trading data that is flagged as IFFs. This in addition to accounting for total quantum, also provide details empowering governments with the information to stimulate and drive the desire to curb IFFs from its different sources and channels. Keywords: Gaussian Multivariate Anomaly Detection; GMAD; Illicit Financial Flow; IFF., Trade Mispricing; TM.

Copyright Governance for Online Short Videos: Perspective of Transaction Cost Economics

In recent years, copyright governance for short videos has become a hot issue of common concern in the academic community and the industry. Therefore, this study intends to explore the economic aspect of copyright governance in relation to the proliferation of infringing short videos. The short video industry of China has been taken as a case to demonstrate the copyright governance issue. Transaction cost theory has been applied to analyze the economic aspect of copyright governance in terms of four dimensions: bounded rationality, opportunism, environmental uncertainty, and asset specificity. From the perspective of transaction cost economics, the problem of short video infringement is observed to be essentially a market failure due to high transaction costs. In the short video market, substantial transaction costs are incurred in the legal transaction of copyright with these costs considered to be too high. This is especially the case when transaction costs exceed the net proceeds initially expected by short video users from the authorization, making it impossible to carry out the transaction and leading to infringement. To effectively control the copyright infringement of short videos, it is necessary to build a cross-platform information-sharing mechanism to reduce search costs, establish a unified copyright management platform to reduce coordination costs, and give full attention to the role of technical support to reduce regulatory costs.