Contractual Relationships Research Articles

Crypto Insolvencies and the Limits of a Contract and Contract Law

This article examines contracts between crypto-asset service providers (CASPs) and their customers. The recent collapses of major crypto-platforms, like Celsius and FTX, highlight both the importance and limitations of such contracts. In this article, I examine the role of digital contracts or ‘crypto-contracts’ in the resolution of conflicts in crypto insolvencies, and question whether (exclusive) reliance on these contracts is optimal from the perspective of foreseeability, fairness and protection of customer rights. I demonstrate that contracts with crypto-platforms tend to be long, complex, ambiguous and subject to frequent unilateral modifications. They often create uncertainty about the rights of customers in deposited crypto-assets (personal v. proprietary). This is their first limitation. The second limitation relates to potential interference of property law. Even if a contract grants certain proprietary rights to customers, property law may attach additional requirements for their creation and protection, such as asset segregation, and lead to the loss or transfer of ownership in a situation of commingling. Finally, the third limitation comes from the fact that the promises of contract and property law may be of little help where a CASP breaches the contract and reuses (disposes of) customer assets without consent. Together, these limitations constitute compelling policy justifications for interference with contractual relations. Insolvency of cryptoplatforms brings to light complex legal problems, which require a balanced and multi-dimensional approach. This approach should complement contractual arrangements with relevant rules from different areas of law, including consumer, property and administrative (regulatory) law.

Bargaining inequality: ways to overcome it in international commercial law and in private international law

The basic tenet of contract law is freedom of contract, including the freedom to negotiate and the autonomy of the will of the parties. However, practice and doctrine show that many international commercial contracts are formed in conditions of actual inequality of counterparties. The present work is the first comprehensive study of the problem of cross-border bargaining inequality among professional merchants. The aim of the study is to systematize and critically evaluate the effectiveness of legal conditions formulated in the unified acts of international commercial law and private international law to overcome inequality of counterparties at the pre-contractual stage. The study is based on logical, formal-legal and comparative-legal methods. The results and conclusions may be formulated as follows: (1) The set of legal means to resolve the problem of unequal position of the contracting parties is represented by a complex of complementary spheres of unified normative regulation - substantive norms and conflict-of-law norms. (2) Universal conventional legal regulation of the pre-contractual stage has not been developed. (3) Recommendatory acts of substantive unification of commercial law enshrine developed models of regulation of the parties’ conduct in cross-border negotiations. The main legal means to balance the position of the counterparties is the institution of the pre-contractual liability based on the principle of good faith. (4) Both in European law and in Russian law, the conflict-of-law issue is resolved through a combination of non-contractual qualification of the pre-contractual relations and the complex nature of regulation involving the consecutive use of contractual and tort-based connecting factors. (4) Where there is inequality, conflict-of-laws must provide for an equitable solution to situations where the choice of law applicable to each of the contracting parties is not truly free, including permitting a deviation from the principle of autonomy of will. (5) In the absence of parties’ choice of applicable law, the list of criteria for establishing the closest connection between the pre-contractual legal relation and the competent legal order should be expanded: the court should be able to consider the law of the future contractual obligations’ place of performance and the law governing other related contracts.

Понятие и правовая природа закупочных отношений для нужд органов внутренних дел

Introduction. The article discusses the concept and legal nature of procurement legal relations for the needs of internal affairs bodies, organizations, and divisions of the Ministry of Internal Affairs of Russia, which are created in order to perform tasks and exercise the powers assigned to the Ministry of Internal Affairs of Russia. The purpose of the work is to study the concept of a state contract as a special contractual structure in the system of the Ministry of Internal Affairs of Russia. The author has studied the classification of organizational-legal and contractual procurement relations for the needs of internal affairs bodies; their specificity is revealed. Methods. The dialectical method of cognition and such general scientific methods as induction, deduction, synthesis, and analysis are used as the methodological basis of the research. Comparative-legal and normative-dogmatic methods were applied as private scientific research methods. Research results. The goal has been achieved: the concept of a state contract as a special contractual structure in relation to the system of the Ministry of Internal Affairs of Russia has been investigated. Conclusions. The analysis showed that procurement legal relations for the needs of law enforcement agencies are formed between the Federal State Institution of the Ministry of Internal Affairs of Russia as a customer and a supplier (contractor), recognized as the winner of the procurement procedure or being the only supplier, on issues related to the conclusion, modification, execution and termination of the contract, providing the needs of internal affairs bodies, organizations and divisions of the system of the Ministry of Internal Affairs of Russia, formed to perform tasks and exercise powers, assigned to the Ministry of Internal Affairs of Russia within the boundaries of the approved budget estimates and the limits of budget obligations.

Engagement Law (Supreme Court Decision Number 951 K/Pdt/2015)

An agreement or contract is a legal relationship between two or more people who promise to give rise to legal consequences by means of an agreement. Legal consequences in the form of mutual rights and obligations between the parties. As a rule, an agreement or contract begins with a conflict or disagreement of interests between the parties, and the formation of a contractual relationship usually begins with a process of negotiation between the parties. This research method uses descriptive analysis. It is a method of using collected data to describe or provide an overview of the research subject and to present generally accepted conclusions. Based on the case in the Supreme Court decision No. 951 K/Pdt/2015 if Defendant I issues a statement that the "assets" a quo are no longer burdened with Mortgage Rights and then recommends to the Co-Defendant to Royalize the Plaintiff's "assets" a quo; the submission of Co-Defendant as a party in cassu solely to comply with the contents of the decision by ordering the Land Office of Makassar City to Roya the "asset" of the Plaintiff a quo and issue a Duplicate of HGB Certificate Number 477/Baru if the original certificate is lost by Defendant I. However, based on the opinion of the Defendant this is wrong and not right. Based on the legal facts found in the decision, the cassation petition from the Cassation Petitioners was rejected and the Cassation Petitioners were on the losing side, so the Cassation Petitioners were sentenced to pay court fees at this cassation level of Rp. 500,000.

Inovasi Pengembangan Pemasaran Produk Susu Kambing Etawa di Dusun Jengglik

Community empowerment initiatives are pivotal in bolstering the financial stability of rural communities, particularly those facing challenges in marketing local products such as fresh milk. One of the strategic actions taken for the village populace involves enhancing the marketability of Etawa goat milk—a product with significant demand. The principal objective of this service activity is to inject innovation into the sales techniques of Jegglik Village's community outputs. It was achieved through the creation of distinctive logos or labels and leveraging Google Maps to extend the customer base, thereby amplifying the visibility of Etawa goat milk production far and wide. The approach employed in these community service efforts was Asset-Based Community Development (ABCD), which focuses on fostering social cohesion and enabling community-led environmental and economic development, also known as Community-Driven Development (CDD). The outcomes of this initiative have been markedly positive, yielding beneficial impacts for the community, such as expanded market reach and the ability to forge contractual relationships with milk production enterprises.

Research on Customer Relationship, Market Level and Enterprise Innovation Relationship

Enterprise innovation is an important content of enterprise management and a key element to determine the direction, scale and speed of the development of the company. Enterprise innovation has always been the focus of academic attention. Customer relationship is the contractual relationship established between the enterprise and the customer when purchasing and selling transactions. The research found that customer relationship can affect the innovation investment of enterprises to some extent. Based on a sample of listed companies in China's A stock manufacturing industry from 2008 to 2018, this paper empirically examines the impact of concentration of customer relationship on innovation output and its mechanism. The research found that the higher the concentration of customer relationship, the lower the innovation investment. Further research found that the level of marketization can alleviate this inhibition, with the promotion of market-oriented level, the excessive concentration of customer relations on enterprise innovation inhibition can be weakened. This research explores the factors that affect enterprise innovation from different angles, enriches the research on enterprise innovation, and provides a reference for enterprises to improve their innovation level.

THE PROCEDURE FOR TERMINATING A FIXED-TERM LABOR CONTRACT IN THE LABOR LEGISLATION OF THE REPUBLIC OF UZBEKISTAN

The article analyzes the expiration of the term of the labor contract as a basis for terminating or amending the contractual relations. In this article discussed the procedure for terminating a fixed-term labor contract due to the expiration of itsterm. The author also identified the legal consequences arising from the termination of this contract before the expiration of its term. In addition, the article examines the special features of terminating fixed-term labor contracts with pregnant women.

Developing Subcontractor–General Contractor Relationships in the Construction Industry: Constructs and Scales for Analytical Decision Making

Developing Subcontractor–General Contractor Relationships in the Construction Industry: Constructs and Scales for Analytical Decision Making

THE IMPACTS OF THE BRAZILIAN CRYPTOASSETS LAW IN NFT SOLUTIONS

This article aims to establish the applicability of Law No. 14,478, enacted on December 21, 2022 (hereafter referred to as the Brazilian Cryptoassets Law), to the trading of non-fungible tokens (NFTs) that utilize Blockchain and Smart Contract technologies. The article covers (i) the use of Smart Contracts and Blockchain in relation to NFTs, (ii) the current state-of-the-art NFT solutions, and (iii) the key articles and legal obligations outlined in the Brazilian Cryptoassets Law. It's important to note that the Brazilian Cryptoassets Law applies differently to various NFT solutions depending on their intended use, which is the distinguishing factor in determining whether the law is applicable to a particular NFT transaction.

Balancing Contracts: The Crucial Role of Pre-contractual Disclosure in Technical Assistance Agreements

This study rigorously delineates the imperative of pre-contractual disclosure in technical assistance contracts, spotlighting the legal necessity for suppliers to provide indispensable technical information vital for efficient recipient resource utilization. Emphasizing informed consent and mutual satisfaction, this pre-contractual mandate, rooted in the principle of good faith, addresses negotiation power imbalances. It clarifies that meeting this obligation differs from mere due diligence, demanding a specific outcome prior to contract formation. It asserts that debtors must be apprised of negotiated data unbeknownst to the creditor, justifiably. The ramifications are dual: rectifying power differentials and ensuring parity in knowledge among contracting parties. The study aims to enrich legislative frameworks for party protection, utilizing qualitative methods for definition and analysis. Results shed light on the nuanced aspects of pre-contractual disclosure, impacting contractual rebalancing and knowledge equality. This research advocates global attention to legislative actions promoting transparency and fairness in technical assistance agreements.
 Highlights :
 
 Clarifies the Legal Imperative: The study meticulously defines the legal obligation for suppliers to disclose crucial technical information in technical assistance contracts, ensuring informed consent.
 Addresses Power Imbalances: Emphasizes the role of the principle of good faith in rectifying negotiation power imbalances, contributing to more equitable contractual relationships.
 Global Advocacy for Legislative Measures: Calls for international attention to legislative actions fostering transparency and fairness in technical assistance agreements.
 
 Keywords : Pre-contractual Disclosure, Technical Assistance Contracts, Informed Consent, Good Faith, Legislative Regulation

Some issues of due diligence in choosing a counterparty

The article includes certain aspects of the manifestation of due diligence by participants in civil law when choosing a counterparty to enter into contractual legal relations. It is revealed that the concept of “due diligence” is used in various areas of legal activity. For the purposes of the article, the author reveals the content of due diligence in tax and civil law in the context of choosing a counterparty in contractual legal relations. Based on data from judicial practice and legislative regulation, due diligence standards are differentiated depending on type of person’s activity (entrepreneurial or not), as well as on the complexity, duration and significance of the planned subject of the transaction for a particular person.

Hubungan Kerja Petani dan Buruh Tani dalam Meningkatkan Kesejahteraan di Desa Klompangan, Ajung, Jember

This research focuses on the employment contract relationship between land-owning farmers and farm workers in Klompangan Village, Ajung District. The goal is to understand how land ownership and management structures affect life and the economy of both. Agriculture in Klompangan Village acts as a provider of employment and a source of income, as well as an important element in the social and economic structure. The research method uses a qualitative approach with case studies, involving field observations and in-depth interviews with farmers who own land and farm workers. The research results show a symbiotic relationship between the two. Farmers who own land need farm laborers to work on land they cannot work on themselves, while farm laborers need access to the land to earn income. This mutual dependence affects the well-being and economy of both, including income, living conditions, and job security. The ultimate goal of this research is to provide insight into how agricultural workers can prosper with fair wage distribution and cooperation between both parties in the rural agricultural sector, which contributes to stability and shared prosperity.
 

Legal forms of state assistance to the conscientious behavior of business entities

The article considers a new form of state influence on entrepreneurial activity, stimulating the conscientious behavior of entrepreneurs in various areas of the commodity and financial markets. The state policy aimed at promoting the implementation of the principle of good faith in contractual relations is due both to the emergence and development of new social relations and the introduction of digital technologies, and to sanctions pressure on Russia from unfriendly countries, which led to difficulties in fulfilling contractual obligations. The state supports the development of the institution of self-regulation, capable of ensuring the mutual interest of suppliers and buyers, customers and performers by developing advisory acts that explain the content of unfair and fair business practices. It is concluded that such documents are acts of unofficial explanation of the civil law principle of good faith behavior enshrined in the Civil Code of the Russian Federation.

CIVIL LAW AND LABOR CONTRACT: ECONOMIC AND LEGAL DIMENSION

The subject of the study is the conceptual, theoretical, methodological and applied legal and economic principles of the nature and significance of civil law and labour contracts in public life. Methodology. The research is based on general scientific and special legal methods. The analysis helped to determine the quantitative and qualitative parameters which characterise civil law and employment contract as socio-economic and legal phenomena in modern society. The synthesis provided for the formation of common and distinctive features inherent in civil law and employment contract in modern society. With the help of the comparative legal method it was possible to distinguish the characteristic features of the civil law and labour contract in the economic sphere and the legal consolidation of the above categories in modern international and national legislation on the basis of the quantitative and qualitative indicators of the corresponding origin. The formal-legal method created the conditions for the formulation of conclusions on the effectiveness of the normative consolidation of the principle of freedom of contract within the limits of civil and labour legislation and for the determination of relevant regulatory proposals. The purpose of the article is to define the essence and significance of civil law and employment contracts in the economic and legal sphere. The results of the study show that the state of legal regulation of temporal restrictions on the exercise of private rights in Ukraine on the way to economic integration creates preconditions for its modernisation in terms of both general and special legal provisions. Conclusion. Contractual relations are one of the most important driving forces of civil turnover, as they mediate the movement of a number of non-property and property goods within civil and economic turnover. Based on the study of statistical data, it has been established that the civil law contract, together with the labour contract, creates conditions for the development of economic processes in quantitative and qualitative components due to its involvement as a means of moving material and immaterial goods in civil and economic turnover. At the same time, a civil law contract, due to its wide variability and direct involvement in certain economic processes, creates more important prerequisites for progress in the economic space, which is manifested in new types and forms of contracts of this type. The labour contract in its component aims, first of all, from the position considered, to ensure the social component in the implementation of the content of the right to work by guaranteeing certain social, including economic, standards. This is why, unlike civil law, labour law influences the economy of the country indirectly and with a much smaller specific weight. In the legal sphere, research into the legal nature and scope of contractual constructs in the civil and labour spheres testifies to the weight of the principle of freedom of contract, which, on the one hand, is established within the limits of civil legislation and, on the other, creates the conditions for the implementation of another, broader principle of freedom of work, which is based on the right of the individual to freedom of work as a natural and inalienable human right. The article points to the possibility of extending the principle of freedom of contract, along with civil law relations, to other related relations, primarily labour relations. Where the manifestation of the content of such a principle is the right holder's authorisation to behave in one of the following ways: 1) procedural (conclusion, amendment, termination of the contract); 2) selection of a counterparty; 3) determination of terms and conditions; 4) determination of the contract content.

Electoral Violence and Supply Chain Disruptions in Kenya's Floriculture Industry

Abstract Violent conflicts, particularly at election times in Africa, are a common cause of instability and economic disruption. This paper studies how firms react to electoral violence using the case of Kenyan flower exporters during the 2008 postelection violence as an example. The violence induced a large negative supply shock that reduced exports primarily through workers' absence and had heterogeneous effects: larger firms and those with direct contractual relationships in export markets suffered smaller production and loss of workers. On the demand side, global buyers were not able to shift sourcing to Kenyan exporters located in areas not directly affected by the violence or to neighboring Ethiopian suppliers. Consistent with difficulties in ensuring against supply-chain risk disruptions caused by electoral violence, firms in direct contractual relationships ramp up shipments just before the subsequent 2013 presidential election to mitigate risk.

Competition on Agricultural Markets and Quality of Smallholder Supply: The Role of Relational Contracting and Input Provision by Traders

Previous articleNext article No AccessCompetition on Agricultural Markets and Quality of Smallholder Supply: The Role of Relational Contracting and Input Provision by TradersErwin Bulte, Jeremy Do Nascimento Miguel, and Banawe AnissaErwin Bulte Search for more articles by this author , Jeremy Do Nascimento Miguel Search for more articles by this author , and Banawe Anissa Search for more articles by this author PDFPDF PLUS Add to favoritesDownload CitationTrack CitationsPermissionsReprints Share onFacebookTwitterLinkedInRedditEmail SectionsMoreDetailsFiguresReferencesCited by Economic Development and Cultural Change Just Accepted Article DOIhttps://doi.org/10.1086/721024 Views: 87Total views on this site HistoryAccepted May 24, 2022 PDF download Crossref reports no articles citing this article.

Hidden Costs Associated with Smallholder Family-Based Broiler Production: Accounting for the Intangibles

The contractual relationship between the processing firm and the broiler smallholder presents incessant conflicts of interest and inequality due to technical and economic discrepancies, leading to an undervaluation of the producers’ remuneration. This study aims to deepen the discussion on searching for a more balanced monetary exchange between processing firms and broiler smallholders based on scientific aspects. For this, the emergy theory and its concepts are used while considering a representative broiler production system at Concórdia, Brazil. The results indicate the importance of including cultural information in the emergy-based model calculation, which achieved the highest emergy contribution (~63%; transformity = 1.73 × 108 sej/J) for the broiler smallholder. On the other hand, the cultural information was not sufficient to increase the sustainability of the broiler production system. The results show an imbalance in the monetary exchange between the processing firm and broiler smallholder from both perspectives (the economic and emergy-based ones), which indicates higher values (USD 0.32/broiler and EmUSD 1.62/broiler) than the practiced payment value of USD 0.24/broiler. Evaluating the “(eco)cost” from an emergy-based accounting perspective recognizes that production depends not only on tangible physical resources but also on knowledge, skills and information (“iceberg of value” thinking). Policy and decision makers must therefore consider the promotion of public policies that subside initiatives, including social and environmental welfare programs.

PROBLEMATIKA KAWIN PAKSA DAN FAKTOR-FAKTOR PENYEBABNYA

Marriage in Islam is not simply an ordinary contractual or civil relationship, but it has the value of worship, so it needs to be regulated with certain requirements and pillars that must be fulfilled so that the purpose of making marriage legal can be achieved. Marriage is an important thing in Islam, Islam regulates the procedures for family life so that a sakinah, mawaddah warahmah family is formed. Because this is basically the dream and goal of every marriage that takes place. In this modern era, we often hear the word arranged marriage which is usually called forced marriage. Forced marriage in Indonesian comes from two syllables, namely marriage and force. Which means a marriage that has been urged and forced to be united in a holy marriage

THE IMPACT OF ORGANIZATIONAL MOBILITY PREFERENCE ON COMPULSORY CITIZENSHIP BEHAVIOR

Based on the social exchange theory and the boundaryless career perspective, this study used a questionnaire method to examine the mechanism by which employees' preferences for organizational mobility influence their obligatory citizenship behavior. The results showed that: (1) employees’ organizational mobility preference positively predicted their compulsory citizenship behavior; (2) employees’ preference for organizational mobility had negative and positive effects on employees’ relational and transactional psychological contracts, respectively; (3) both relational and transactional psychological contracts partially mediated the influence of employees’ preferences for organizational mobility on their compulsory citizenship behavior, with the mediation effect of transactional psychological contract being stronger; (4) organizational development support positively moderated the mediation effect of transactional psychological contract, but the moderating effect of organizational development support on the relationship between employees’ preferences for organizational mobility and relational psychological contract was not significant.

RESEARCH ON THE INCENTIVE PROBLEMS AND COUNTERMEASURES OF CORE STAFF IN JS BANK FROM THE PERSPECTIVE OF PSYCHOLOGICAL CONTRACT

As a regional joint-stock city commercial bank, JS Bank is faced with huge development problems such as weakening advantages of national and local support policies, weak core competitiveness and declining performance. JS Bank fully recognizes that talent is the source of power for banks to "produce" and "create" better products and services and to win market competition, and core employees who master core technology or have strong management ability are valuable human capital of banks. Through questionnaires and interviews, this research learned several incentive factors in which core employees are not very satisfied with the current incentive mechanism and very dissatisfied with the evaluation. From the perspective of psychological contract transactions, the problems include unreasonable salary structure. From the dimension of psychological contract relationship, the construction of organizational culture is insufficient. From the dimension of psychological contract development, the existing problems are that the promotion channels are not smooth. Based on three dimensions of psychological contract, this study proposes countermeasures to optimize the incentive mechanism. Moreover, from the transaction dimension, the countermeasures are to optimize the salary system. The countermeasures from the relationship dimension are to pay attention to the communication and feedback between superiors and subordinates. In addition, the countermeasures from the development dimension are to perfect the promotion system.