Purchase Contracts Research Articles

Dokument u službi zaključenja ugovora i prenosa prava - preplitanje rimske i grčke pravne tradicije u vizantijskom privatnom pravu

The purchase contract, often referred to as sale and purchase (prᾶsis caὶ ἀgorasίa) as an illustration of its twofold nature derived from the Roman legal tradition, or simply as sale (prᾶsis), is suitable for analyzing different legal issues. In light of typical Byzantine document named pratήrion ἔggraphon, we aim to define the nature of purchase contract in this medieval legal system. Diplomatic formulae contain data about consensus of contractual parties, as well as the fact that a document was drafted "for security", which raises the question of solemnity of this contract. The role the deed has is also discussed in the paper, as in some cases it is uncertain whether the composition and delivery of the document also implied the passing of title. Applied methodological approach takes into account the linguistic interpretation of documentary clauses and legal provisions in codes, and relies on comparative-historical method.

Analysis of bid and actual prices in Sedlcany

This work deals with the analysis and assessment of the offer and actual prices of housing units in the town of Sedlcany. This city is located in the Central Bohemia region, in the Pribram district. The subject of the analysis is the monitored period of two years, from December 2020 to November 2022. The analysis is supported by data from the real estate portals Sreality.cz and Reas.cz, where the offer and actual prices are found, which are entered in the real estate cadastre in purchase contracts. Furthermore, the analysis is based on a local investigation and information from the public portal of the Czech Statistical Office, the Land Registry and the website of the city of Sedlcany, more specifically on their flood plan. Within the monitored period, there are a total of 46 bid advertisements at an average price of 53,619 CZK per 1 square meter. For actual prices, 53 price data are calculated with an average purchase price of CZK 47,884 per 1 square meter. The total average prices differ, but also their development, for which a regression function is always created. Due to the development of the number of offers and their prices, also due to the presence of new housing units among older properties, the reliability value of the offer price model is very low. A higher reliability value can be observed for real prices, where the impact of housing units from the newly completed construction of an apartment building can again be seen. The goal of the work is achieved through an overall analysis and assessment with the conclusions that new buildings have a large impact on prices. The subject of further research will be adding information to the overall context of the issue.

Understanding the phenomenon of a real contract: stereotypes, new approaches, and scientific value

The article deals with the definition of a real contract. It is shown that understanding the phenomenon of a real contract is based on the stereotypes: it is defined as an act of transferring a thing in the purchase and sale (tradition). This stereotype does not reflect reality. The transfer of a thing based on the sales contract is not a contract or any other transaction at all. This transfer is an execution of the sales contract. The real contract is a purchase and sale contract. In order to overcome stereotypes in the understanding of a real contract, a new methodological approach based on the doctrine of the subject of civil contractual regulation is required. The basis for classifying civil law contracts is the classification of contracts by the subject of regulation. The real civil contract is a civil contract aimed at regulating proprietary legal relations. Understanding the phenomenon of a real contract has scientific value, since it allows us to identify the legal nature of a real contract, and advances the theory of contract law by classifying contracts by the subject of regulation into obligation, real and real obligation ones.

Distributionally Robust Inventory Management with Advance Purchase Contracts

Distributionally Robust Inventory Management with Advance Purchase Contracts

ANALISIS PROBLEMATIKA SIDE STREAMING PADA PEMBIAYAAN MURABAHAH BIL WAKALAH DI PERBANKAN SYARIAH

Murabaha financing is a superior product in Islamic banking which is included in buying and selling contracts. After experiencing the development and modification of murabahah financing, it is now better known as murabahah bil wakalah. The purpose of this study is to find out the problems that exist in the murabahah bil wakalah contract, namely the occurrence of side streaming actions. This study uses a qualitative method with a literature study where data are taken from sources derived from literature such as books, articles, and other sources. Murabahah bil wakalah contract is a sale and purchase contract in which the Islamic bank gives power or represents to the customer to purchase the object of self-financing from the supplier. With the power granted this creates some problems that can damage or invalidate the contract, such as side streaming actions. Side streaming is an act of using funds that is not in accordance with the contract, so this action is considered a form of deviation and includes a fake contract. Customers tend to be more flexible in buying the desired goods, such as on behalf of the buyer from the supplier, not on behalf of the bank. Other side streaming actions can be in the form of price differences that have been agreed upon, and cause non-performing financing and a decrease in the collectability of Islamic banks.Keywords: Murabahah bil Wakalah, Side Streaming, Islamic Banking

Perlindungan Konsumen terhadap Praktik Jual Beli Barang Kadaluwarsa yang Tidak Dapat Dikembalikan

This article is the result of a qualitative research to answer questions about how the practice of buying and selling expired goods that cannot be returned at Hidayah store and how Islamic law and Law no. 8 of 1999 concerning consumer protection against the sale and purchase of expired goods that cannot be returned at the Hidayah store in Surabaya. From the results of this study, it can be concluded that: first, in practice, expired goods which are the object of buying and selling at the Hidayah store in Surabaya may not be returned when consumers directly choose their own goods at the store, while they can be returned if the customer places an order by telephone; second, the practice of buying and selling expired goods that cannot be returned is not allowed according to Islamic law, because it is not in accordance with the sale and purchase contract in which there is a khiya>r, namely disgrace khiya>r, where when the goods are defective (expired), then may be returned. In addition, in article 8 paragraph 4 of Law no. 8 of 1999 concerning consumer protection also emphasized the prohibition of business actors from trading expired goods and being obliged to withdraw them from circulation. Consumers should be more thorough and careful in checking the goods to be purchased by checking the expiration date of each food product. Meanwhile, shop owners should sell goods that do not expire so as not to harm consumers.

House ownership financing: sharia economic perspective

In determining a place to live, consumers do not only look at the price factor, but also look at the origin of the location, building, and environmental factors. The reason consumers consider the price factor is related to their incomeSo looking at the explanation from the arguments that have been described above, then the original position of the mortgage is drawn from the perspective of Islamic economics, meaning that it is the same thing using buying and selling usually, what will distinguish it is a contract that will be carried out when carrying out the mortgage process both along with third parties or related parties in this regard. Even so, this must also pay attention to the signs when buying and selling mortgages because otherwise it will form a sale and purchase contract which falls to Haram acts.

Защита прав потребителей в договорах купли-продажи легковых автомобилей: анализ правоприменения

Introduction: the private law protection of consumer interests in modern trade relations is represented by a wide range of various tools that allow consumers to adequately protect their rights and restore justice. At the same time, the specifics of trade relations, whose subject is a passenger car intended for use for personal household purposes, and having the characteristics of a complex technical product, in some cases, due to the technical and legal illiteracy of the consumer, put consumers in a less favorable position as the least protected party. The purpose of the study is to identify current trends in judicial protection and self-defense of the rights of consumers as a party to the contract of purchase and sale of passenger cars. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which the main ones are analysis, synthesis, generalization, and comparative jurisprudence. Results: the study analyzes the law enforcement materials over the past 2-3 years, identifies a cluster of the most relevant court proceedings arising from the protection of consumer rights when selling passenger cars (the disputes about setting deadlines for which it is impossible to use a passenger car for its intended purpose due to the need for repair work, the disputes about the conditions, the place and time of the technical inspection and maintenance of the car). The author expressed his opinion about the potential possibilities of using interactive information platforms to verify information about a product as a means of self-protection of consumer rights when buying and selling cars. Conclusions: the author insists on using a “flexible” approach in the field of application of the legislative norms when setting the deadlines for technical / repair work to eliminate malfunctions, and to count the entire period of the car’s stay on the territory of the service station within the specified period (currently, the judicial practice has taken the path of setting off only the time of the actual labor costs for repair work in the specified period according to the working schedule at the service enterprise). The author supports the position of the courts, which does not attach exceptional importance to the place and time of warranty repair and maintenance, and the protection of the interests of the consumer is not conditioned by the imperative requirements implanted in the service book. In the field of self-protection of the rights of car buyers, the author recommends wider use of the modern information platforms presented on the official websites of the state agencies, and the information obtained from these interactive platforms should be supported by the contract itself as its integral part.

Auction Winner as A New Criteria in The Concept of Good Faith Buyer in Indonesia

Good faith is a principle embodied under Article 1338 Paragraph (3) of the Indonesian Civil Code, which is required in every stage of a contract, including in a land sale and purchase contract. Under several decisions of the Supreme Court, good faith is considered to exist, for instance, when a buyer purchased a land through the auction of the State Receivables Affairs Committee (PUPN). Nevertheless, based on a conviction in the judicial practices, this article believes that purchases through official auctions are not necessarily the indicators for the existence of good faith principle in a land sale and purchase contract. Therefore, this study is focused on the concept of good faith buyer with a land object as well as the characteristic of auction winner as a good faith buyer protected by law. In conclusion, parties of a land sale and purchase contract through auction can be considered to have performed in good faith when they have fulfilled the criteria under Supreme Court Circular Letter and other criteria such as purchasing through state auction office in accordance with the applicable laws and regulations, purchasing in a reasonable price, and the auction winner is not the creditor himself who purchases at a price far below the collateral limit price.

TINJAUAN HUKUM ISLAM TERHADAP AKAD SALAM DENGAN SISTEM ONLINE DI ONLINE SHOP INDRA CMP ASEMBAGUS SITUBONDO

This paper is the result of field research on "Review of Islamic Law on Salam Contracts with Online Systems at the Indra CMP Asembagus Situbondo Online Shop", this study aims to answer questions about:, How is the implementation of salam contracts with online systems at Indra CMP Asembagus online shop Situbondo Asembagus Situbondo. and, How is the Islamic law review of the salam contract with the online system at Indra CMP Asembagus Situbondo's online shop.
 This study uses a qualitative method. The results of the study conclude that the relationship of the parties in the salam contract agreement with the online system is the same as the usual salam contract agreement. However, the sale and purchase of salam contracts with an online system does not meet directly between buyers and sellers, it's just that the perpetrators of the contract are brought together in one internet network site. In Islamic law, a sale and purchase contract is allowed to enter into a contract using writing (letters) on the condition that the two parties are far apart from each other or the contract actors are silent, for the perfection of the contract it is required that the other person addressed by the writing is willing to read the writing. A review of Islamic law on salam contracts with an online system can be concluded that online salam contracts are allowed as long as they do not contain elements that can damage them such as usury, injustice, fraud, fraud and the like and fulfill the pillars and conditions in buying and selling.

Pengadaan Vaksin Covid-19 Triwulan I Tahun 2021 di Indonesia Persfektif Hukum Ekonomi Syariah

In the first quarter of 2021, Indonesia will purchase vaccines by importing COVID-19 vaccines from COVID-19 vaccine companies. Islamic Economic Law regulates the process of purchasing vaccines by importing Covid-19 vaccines, how transactions are completed, and aspects of the safety and halalness of Covid-19 vaccines. The purpose of this study was to determine the import contract of Indonesia's Covid-19 vaccine with halal guarantees and health aspects in accordance with sharia economic law. This research uses literature study method. The data analysis method used in this research is deductive analysis. The data collection method in this research is documentation. Sources of data used are primary and secondary data sources. The main data sources used in this study are COVID-19 vaccines, vaccine books, import and export of Islamic law and economics, Islamic law, trade law, and documents related to precedents contained in Islamic law. Sources of supporting data used in this research come from scientific studies, articles, and books that support the research topic. From the perspective of Islamic economic law, the purchase of the Covid-19 vaccine in Indonesia is included in the Salam sale and purchase contract. MUI has announced that the Covid-19 vaccine product is halal and multifaceted. In accordance with Presidential Regulation No. 99 regarding vaccine procurement and vaccination implementation in 2020, the current sales contract is in effect. For the Covid-19 pandemic, if there is a mandatory threat, the contract can be extended. Or cancel. The government guarantees the safety, type and quality of halal products as well as the effectiveness of the Covid-19 vaccine (namely the POM and MUI). The type of covid-19 vaccine with guaranteed halal products and an emergency use license is the type of vaccine from PT. Bio Farma (Persero), Sinovach Biontech Ltd, AstraZeneca.Keywords : vaccine procurement, covid-19 vaccine, salam contract

Price negotiation and coordination in outsourcing supply chain under yield and demand uncertainties

This paper considers the issues of pricing, lot-sizing decisions and coordination in a supply chain consisting of one original equipment manufacturer (OEM) and one contract manufacturer (CM). A Bayesian game accounting for asymmetric information is established to optimize the CM’s outsourcing price and the OEM’s selling price. A Stackelberg game incorporating yield and demand uncertainties is subsequently modelled to optimize the CM’s production quantity and the OEM’s order quantity. Finally, a shortage penalty with surplus purchase contract is proposed to coordinate the supply chain. It is found that the optimal outsourcing price is either the lower limit or the stationary point of the common price domain, while the optimal selling price is the upper limit. Whether the CM adopts a conservative or an aggressive production strategy depends on the threshold of the outsourcing price. Moreover, the coordination contract offers great flexibility in parameter selection. By setting the order quantity, penalty price and surplus purchase price properly, the supply chain can realize a win-win situation.

Bisnis Nener dalam Perspektif Hukum Ekonomi Syariah (Studi Kasus CV. Simpatik Buleleng Bali)

milkfish business to find out local and export business at the CV. Simpatik Buleleng pond company, this research methods, types of research used is field research, collected data by researchers include primary and secondary data, while the source obtained by observation, interview, and documentation, then teh data is analyzed descriptively throuh, display, reduction, verification and prescriptive, so that it produces the result that is 1. Companies set prices unilaterally, islam provides freedom in specify prices by Wahbah Zuhaili, Ibnu Araby, Imam Malik, dan Ibnu Taimiyah. 2. Nener sample calculation, becomes an agreement between siler and buyer. 3. The Fuqoha’ allow shigat fi’liyah (actions) clarity of sale and purchase transaction contracts, as well as exchanging goods using money this is allowed by Ibnu Qosim in the kitab athul qorib. 4. The high price of nener is allowed to use a Musawama sale and purchase contract (bargaining) 5. Ordering nener in larvae tuber not yet old enough to be harvested is a prohibition on buying and selling (gharar) by Imam Nawawi and Imam Al-Qorafi while according to Syafi’iyyah, Abu Yusuf Muhammad (Hanafiyah) and one narration of madhab Ahmad states that it is invalid, malikiyah and one narration of hanabilah that it is forbidden to buy and sell food that has not been received by hand. 6. Late payment of nener’s money, according to the argument of ijma’ by Ibnu Qoudamah rahimahullah stating that the sale and purchase is valid in accordance with the compensation given. 7.Nener’s death is the responsibility of the seller who should be the responsibility of the buyer, in this case it is contrary to the opinion of al-qadhi and scholars who belong to his group namely goods that have been determined to be the responsibility of the buyer. 8. Payment via ATM is allowed because the ijab & qobul consent can be fulfilled properly determined by the fiqh commission at the islamic conference organization number 107 on 17-23 sya’ban in 1410 H.

ANALISIS PRAKTIK MINDRING MODERN

This research aims to analyze the practice of Mindring Modern Jaya Mandiri in Kudus from the view of the National Sharia Council (DSN) fatwa of the Indonesian Ulema Council (MUI) No. 110/DSN-MUI/IX/2017 about sale and purchase contracts. This research is a qualitative research with a case study approach. The method used in this research is interview, observation, and documentation. The data validity technique used is triangulation, with analytical procedures including data reduction, data display, making conclusions and verification. The results of this study indicate that the practice of Mindring Modern Jaya Mandiri Kudus is not in accordance with the fatwa of DSN MUI No: 110/DSN-MUI/IX/2017. The use of the lease-purchase contract is not in accordance with the practice of mindring. The appropriate contract is bai’ al-taqsith.

Praktik Pencampuran Ketan Di Pajak Batu

According to muamalah fiqh, buying and selling is a sale and purchase contract for certain goods where the seller clearly states the goods being traded, including the purchase price of the goods to the buyer, then he requires a certain amount of profit. Glutinous rice is a type of rice that is whiter in color than other rice. glutinous rice has a larger size when cooked, glutinous rice has a sticky texture. The problems contained in this thesis are How is the practice of buying and selling glutinous rice with a mixed system in the Batu Tax market, North Padangsidimpuan District? Why does the seller use the mixed glutinous rice system in the Batu Tax market? What is the view of muamalah fiqh on the practice of selling glutinous rice with a mixed system in the Batu Tax market? This study uses a descriptive qualitative approach in data collection, namely observation and interviews. Based on the results of the study, it can be concluded that the fiqh muamalah review of the practice of buying and selling glutinous rice in the Batu Tax Market, Padangsidimpuan District, the glutinous rice sellers commit fraud by mixing glutinous rice with ordinary rice so that the traders get greater profits. In muamalah fiqh, the practice of buying and selling mixed glutinous rice is prohibited because it contains fraud that can harm one party. Fraud in the form of quality gharar in the sale and purchase of mixed glutinous rice is one that causes harm to other people or society in general.

Adaptation of the Natural Gas Sale and Purchase Contracts to Changing Circumstances and Applicable Law

Klasik uluslararası doğal gaz alım ve satım sözleşmeleri genellikle uzun dönemli sözleşmelerdir. Bu sözleşmeler uzun dönemli olmaları nedeni ile stratejik, ekonomik ve politik gelişmelerden etkilenmektedir. Sözleşmeler hazırlanırken taraflarca risk ve fayda analizi yapılmakta ve riskler paylaşılmaktadır. Alıcı sözleşmelerde yer alan “al ya da öde” hükmü ile miktar riskine, satıcı ise fiyat formülü ile fiyat riskine katlanmaktadır. Sözleşmeler imzalandıktan sonra tarafların kontrolü dışında gerçekleşen, öngörülemeyen ve beklenmeyen olaylar nedeni ile sözleşmelerin ekonomik dengesinin bozulması halinde ekonomik dengenin yeniden sağlanması ve sözleşmelerin başlangıçtaki pazarlığa ve risk paylaşımına yeniden kavuşturulması için yeniden müzakere edilerek değişen koşullara göre uyarlanması gündeme gelmektedir. Uyarlama sözleşmede fiyat revizyonu veya genel bir revizyon hükmünün bulunması halinde bu hükümler kapsamında gerçekleştirilmektedir. Bu hükümlerin yokluğunda sözleşmelerde mücbir sebep ve aşırı ifa güçlüğüne ilişkin düzenlemeler kapsamında uyarlama gerçekleştirilebilir. Sözleşmede bu tür hükümler yer alsa da almasa da sonuçta, uyarlamanın esas itibariyle sözleşmenin esasına uygulanacak hukukun izin verdiği ölçüde ve koşullarda yapılacağını söylemek yanlış olmaz. Taraflar arasında tahkim anlaşmasının varlığı halinde, hakemlerin, sözleşmenin değişen koşullara uyarlaması konusunda uyarlama yapma yetkisi sadece lex causa’nın hakimiyeti altında olmayacaktır. Tahkim anlaşmasında tarafların uyarlama ile ilgili hususlara yer vermiş olmaları halinde hakem heyeti bu hususu göz ardı edemez. Nihayet, tahkim usulüne uygulanacak hukukun hakemlerin bu konudaki yetkisi ile ilgili hükümleri de hakemlerin uyarlama yapma yetkisi üzerinde etkili olacaktır.

Coordinating users to generate the base of the national industry – CAPRE’s role in controlling imports of computers and peripherals (1976–1979)

ABSTRACT In the 1970s, Brazil sought to establish State policies aimed at technological autonomy in the field of Informatics, resulting in the origin of a national industry of computers. This paper will explore another measure that has been little explored by historiography: the control over imports of data processing equipment. Our research intends to show the control exerted by the Commission for Coordination of Electronic Processing Activities (CAPRE) and to discuss how its technicians performed the analysis of user requests, resulting in decisions that either allowed or not the installation of the requested systems. When analysing computer purchase contracts and evaluating the intended uses for the imported systems, they defined the ‘merit' of each order and sought to raise users' awareness on the problem of technological dependence. They reveal different discourses on the technological modernization (‘efficient/lowercost' imported technologies versus ‘self–determination/autonomy' views influencing society’s perceptions on Informatics in the country.

Mekanisme Pembatalan Penjualan Istishna dalam Islam

This study aims to determine the system of istishna sale and purchase cancellation which is justified according to Islamic law. This is library research which is carried out by collecting data which is then analyzed to solve a problem that is focused on a critical and in-depth study of the relevant library materials. According to the results of the study, the cancellation of the istishna sale and purchase contract is allowed unless it is caused by things justified by syara', for instance, a defect in the object of the contract or does not meet one of the pillars or conditions of the contract. This is by the MUI fatwa No: 06/DSN-MUI/IV/2000. In addition, the cancellation of the contract must be approved by both parties without harming either party. This is confirmed in the Qur'an Surah an-Nisa verse 29.

TINJAUAN HUKUM ISLAM TERHADAP AKAD PADA USAHA PEMANCINGAN IKAN DI DESA SENDANG KECAMATAN JAMBON KABUPATEN PONOROGO

The background of the writing of this article was the practice of two contract systems in fishing that occurred in Sendang Village, Jambon District, Ponorogo Regency. The problem is the lack of clarity of the contract on the fishing. The purposes of writing this article are as follows: (1) To find out the contract used in the fishing business in Sendang Village, Jambon District, Ponorogo Regency? (2) To find out the review of Islamic law on contracts used for fishing in Sendang Village, Jambon District, Ponorogo Regency? This research was conducted qualitatively in fishing in Sendang Village, Jambon District, Ponorogo Regency, with data collection procedures through observation, interviews, and documentation techniques. The data collected related to the contract used in fishing was analyzed descriptively qualitatively using the concepts provided by Miles and Huberman which included data reduction, data presentation, and drawing conclusions. Based on the results of data analysis, it can be said that: 1) In terms of implementation, the contract for fishing in Sendang Village, Jambon District, Ponorogo Regency is not using a sale and purchase contract or a lease contract, but the contract used for fishing in the village is by using unnamed contract (al-'uqūd gha alr al-musamma). This unnamed contract is a mixture of a lease contract and a sale and purchase contract, but the contract is more inclined to the lease contract. 2) In terms of a review of Islamic law, the contract used in the contract is allowed, because the contract is carried out on a voluntary basis without containing an element of coercion. And the contract carried out also brings benefits to both parties to the contract. As for the fishing owner, the benefit from the contract is that the pool owner gets money for the fishing business. The benefits for anglers are that they can satisfy themselves (there is a sense of satisfaction in their hearts) to fish.

Praktik Jual Beli Ikan Potong

In human life buying and selling is a necessity that cannot be abandoned, so humans cannot live without buying and selling activities. Buying and selling is also a means of helping fellow human beings so that Islam determines its permissibility. In line with the times, the problem of buying and selling occurs in society is increasingly widespread. One of them is the practice of buying and selling cut fish at the Inpres Market in Sibolga City. The problem in this study is how to buy and sell cut fish at the Inpres Market in Sibolga City and how the relationship between fiqh muamalah and the practice of buying and selling cut fish at the Inpres Market in Sibolga City.The basic theory used in this study is the understanding of buying and selling, the legal basis of buying and selling, the pillars of buying and selling, the legal terms of buying and selling, khiyar in buying and selling, various kinds of buying and selling, rights and obligations of buying and selling, and the wisdom of buying and selling.This research is a field research. Research conducted by collecting data on phenomena that occur, natural and natural. The data sources of this research are primary data and secondary data. Data collection techniques used field studies, namely observation, interviews, and documentation.The results showed that the practice of buying cut fish at the Inpres Market in Sibolga City contained an element of ambiguity regarding the sale and purchase contract, namely the buying and selling of fish carried out at the Inpres market was divided into two ways, namely buying and selling fish which was done by cutting and buying and selling fish which was done indirectly cut. People who buy fish uncut will get whole fish while people who buy fish in pieces, the seller will reduce the benefits of the fish without an agreement that the seller will take eggs from the fish that will be cut by the seller so that they get more profit from taking the fish eggs . Based on muamalah fiqh, it is not permissible to buy and sell that is deceptive or gharar and there is an ambiguity in the contract of buying and selling fish. Therefore, the sale and purchase of cut fish at the Inpres Market in Sibolga City is not permitted.