Legitimate Contract Research Articles

Crowdfunding as an Alternative Mode of Financing for Micro and Small Enterprises: A Proposed Qard-al-Hasan Contract

The global financial crisis that occurred in 2008, coupled with the evolution and globalization of social media and technology has made the evolvement of crowdfunding easy to use as a means of financing. However, the concept of crowdfunding is correlated with spiritual and religious responsibility which can increase the economic growth of Micro and Small Enterprises. In light of this, this paper aims to investigate the capacity of crowdfunding and proposes a crowdfunding model that adheres to the principle of Shari’ah by adopting a legitimate contract known as Qard-al-Hasan . In this regard, the study adopts qualitative research using secondary data with descriptive, and inductive approaches in the analysis. The result shows that Qard-al-Hasan based crowdfunding is great for pioneering business people to get access to financing their small and micro enterprises in compliance with Shariah . However, the findings of this paper will provide a new mechanism for financing micro and small enterprises in line with Shariah.

Solusi Ekonomi Islam Terhadap Rekayasa Helah (Praktek Riba)

Islam places economic activity as one of the most important aspects of gaining glory, and therefore economic activity, like any other activity, needs to be controlled and guided in line with the objectives of Islamic Shariah. However, some people take advantage of the legitimate contracts of Islamic law to be able to do usury, or legitimize usury through the engineering of legitimate contracts, or make a legitimate contract as a shield of usury usage called helah (engineering practice usury. If the perpetrator intends to deliberately do helah to justify usury where the first and second sale is not the goal of both parties, but only serve as a tool to justify usury, then no doubt about the prohibition of their actions because a road to the haram is also illegal, because human actions are measured according to their intentions.

REKONSTRUKSI IJAB DAN KABUL DALAM TRANSAKSI EKONOMI BERBASIS ONLINE

In Islamic law, the position of incentives in the economic transaction becomes a determinant factor for the validity of a contract. The technical and consent in the formulation of classical jurisprudence is done physically, marked by a meeting between the parties involved in a contract site. The communication technology revolution has spawned an online-based transaction model that is e-commerce, or e-marketing, through internet technology tools where the parties involved do not meet physically and the contract object cannot be handed over directly. This reality illustrates the existence of gap in the Islamic law theory with an empirical practice that requires a legal answer. This article proves that online-based economic transactions are legitimate contracts in the view of Islamic law based on legal analogy argument, i.e.to equate an online contract with an orderpurchase contract. The construction of consent in an online-based contract must be based on certain norms, namely clarity of specification of goods, means of payment and technicality, technical delivery of goods, terms of the contract cancellation and terms of dispute. These detailed and rigorous rules are an illustration of the importance of caution in conducting online transactions to avoid losses by adhering to the sadd al-zari>’ah method in order to close the possibility of emerging harmful.

Rekonstruksi Ijab dan Kabul dalam Transaksi Ekonomi Berbasis Online

In Islamic law, the position of incentives in the economic transaction becomes a determinant factor for the validity of a contract. The technical and consent in the formulation of classical jurisprudence is done physically, marked by a meeting between the parties involved in a contract site. The communication technology revolution has spawned an online-based transaction model that is e-commerce, or e-marketing, through internet technology tools where the parties involved do not meet physically and the contract object cannot be handed over directly. This reality illustrates the existence of gap in the Islamic law theory with an empirical practice that requires a legal answer. This article proves that online-based economic transactions are legitimate contracts in the view of Islamic law based on legal analogy argument, i.e.to equate an online contract with an orderpurchase contract. The construction of consent in an online-based contract must be based on certain norms, namely clarity of specification of goods, means of payment and technicality, technical delivery of goods, terms of the contract cancellation and terms of dispute. These detailed and rigorous rules are an illustration of the importance of caution in conducting online transactions to avoid losses by adhering to the sadd al-zari>’ah method in order to close the possibility of emerging harmful.

When Good Little Debts Went Bad: Civil Litigation on the Virginia Frontier, 1745–1755

The use of a multinomial logit model to analyze a hitherto unavailable dataset of 1,376 small-claims lawsuits in colonial Augusta County, Virginia, for information about debts, litigants, and procedures f inds no evidence of prejudice in the legal system. The magistrates’ consistently fair enforcement of legitimate contracts may have induced both plaintiffs and defendants to settle their disputes in court rather than in private. The evidence corroborates the view that by the mid-eighteenth century, Virginia’s frontier judicial system was sufficiently impartial to encourage creditors to draw up efficient contracts even for small debts.

Democratic contract law

This article discusses the normative relationship between contract law and democracy. In particular, it argues that in order to be legitimate contract law needs to have a democratic basis. Private law is not different in this respect from public law. Thus, the first claim made in this article will be that also for contract law a democratic basis is a necessary condition for legitimacy. A fully democratic basis may also be a sufficient condition for a legitimate and just contract law. However, my argument in that regard is more conditional. If all relevant reasons and arguments (including moral arguments), made by people from different corners in society, have had a fair and equal chance of influencing the contract law making process, then the outcome may be hard to challenge on the basis of an external standard, such as justice, morality, tradition, efficiency or private law’s purported essential nature. These two claims, if successful, have important implications for contract theory. In particular, they lead to a largely procedural theory of contract law, which is pluralist with regard to contract law’s content: arguments based on party autonomy, weaker party protection, corrective justice, economic efficiency, or legal traditions, will have to demonstrate their strength within the democratic debate and cannot claim to represent some essential truth with regard to the nature of contractual obligation. The justice and legitimacy of contract law cannot be determined in advance by theoretical analysis but will have to establish itself within the democratic debate. Private law theorists have no privileged access to the truth of contract law and contractual justice.

Democratic Contract Law

The paper discusses the normative relationship between contract law and democracy. In particular, it argues that in order to be legitimate contract law needs to have a democratic basis. Private law is not different in this respect from public law. Thus, the first claim made in this paper is that also for contract law a democratic basis is a necessary condition for legitimacy. A fully democratic basis may also be a sufficient condition for a legitimate and just contract law. However, my argument in that regard is more conditional. If all relevant reasons and arguments (including moral and ethical arguments), made by people from different corners in society, have had a fair and equal chance of influencing the contract law making process, then the outcome may be hard to challenge on the basis of an external standard, such as justice, morality, tradition, efficiency or private law's purported essential nature. These two claims, if successful, have important implications for contract theory. In particular, they lead to a largely procedural theory of contract law, which is pluralist with regard to contract law’s content: arguments based on party autonomy, weaker party protection, corrective justice, economic efficiency, or legal traditions, will have to demonstrate their strength within the democratic debate and cannot claim to represent some essential truth with regard to the nature of contractual obligation. The justice or legitimacy of contract law cannot be determined in advance by theoretical analysis but will have to establish itself within the democratic debate. Private law theorists have no privileged access to the truth of contract law and contractual justice.

Selling Sex: Analyzing the Improper Use Defense to Contract Enforcement Through the Lens of Carroll versus Beardon

The 1963 decision of the Supreme Court of Montana in Carroll v. Beardon, occupies less than three full pages in the Pacific Reporter and involves a simple real estate transaction in which a “madam” sold a house used for prostitution to another “madam.” The opinion is the last in a long line of cases to speak specifically to the issue of enforcement of facially legitimate contracts that in some manner arguably involve or are related to prostitution and is commonly cited in treatises and hornbooks as representative of the movement by courts toward enforcement of such contracts under the law of improper use - scenarios in which the transaction itself is not illegal, but the underlying purpose or conduct of one or more parties to the transaction involves using the subject matter in an illegal manner. It is unfortunate that this opinion appears in only a handful of casebooks and its subject matter has received so little scholarly attention because it provides both scholars and educators endless opportunities for exploration of the cultural context within which courts operate and construct case narratives. Its humorous tone and deceptive simplicity also belie a serious failure by the Court to provide a fair and impartial resolution of the parties’ dispute, to identify and balance the competing policy interests, and to create useful precedent for future courts and litigants. Most importantly, this 1963 decision and its implications remain relevant and merit consideration by scholars exploring the intersection of contract and criminal laws related to intimate sexual relationships.

Science and the Social Contract in Renouvier

Renouvier criticized Comte’s positivist philosophy of science and proposed a social contract approach for dealing with normative questions in philosophy of science as well as moral philosophy. Renouvier then questioned Kant’s distinction between practical and theoretical reason and argued that judgments concerning epistemic warrant must be freely made in the same way that moral judgments are made. What counts as scientific knowledge depends on a consensus within the scientific community that develops over time through critical inquiry in much the same way that a legitimate contract governing society at large must. But a scientific contract consisting of conventionally held theories and methods depends for its justification on a larger social contract that guarantees freedom of inquiry.

"Informal", ilegal, injusto: percepções do mercado de trabalho no Brasil

This paper discusses the different meanings of formality and informality, as well as the notions of legitimate work contracts. It aims at redefining the concept of informality based on the different principles that conduct the interpretations of economists, jurists, and the public opinion. Firstly, it presents a brief summary on the appearance of the informality as social problem; then, it criticizes the use of such concept, given the diversity of contractual situations included in it. It also points out the necessity of analyzing the popular notions of a fair work contract because the interpretations are related to economical and juridical notions of legitimate contracts. It finally examines the analytical difficulties on the theme due to the diversity of processes that generates relationships of informality in Brazil. It points out, then, the necessity of intensifying the academic dialog among economists, jurists, and social scientists, in order to better understand those atypical contracts.

CONTRACT PRACTICE.

The insurance examination question, discussed elsewhere, is related very closely to that of contract practice. At various times during the last few years we have called attention to the fact that the "battle of the clubs" of our English brethren will have to be fought in this country at some time, and that the sooner we commence the fight the easier it will be won. Gradually and surely this evil is spreading, and in some localities has already produced most disastrous conditions—conditions that are as harmful to the public as they are ruinous to the profession. If we mistake not, in another ten years there will be scarcely a community in the country in which our profession will not be feeling this blight, i. e., if something is not done to check it. It is not the legitimate contract practice that is to be feared (for there is a form