Contractual Relationships Research Articles

The Philosophical Function of Contracts in Realizing Justice

This research aims to determine and discuss the philosophical function of a contract to realize justice. Therefore, what things must be fulfilled so that the philosophical function of the contract in realizing justice for the parties can be carried out is also included in the objectives of this research. This type of research is normative juridical research, using secondary data obtained from primary, secondary and tertiary legal material sources. The results of this research reveal that contracts have a fundamental philosophical function, namely realizing the value of justice in the social and economic order in society by facilitating, accommodating and regulating the contractual legal relationships of the parties in which there are balanced rights and obligations. In other words, contracts also function as legal instruments to eliminate or at least reduce imbalances in the social and economic order in society, especially in contracts made by parties as citizens or part of society.

Legal basis of international agricultural organizations

Contractual relations between various agricultural producers and other legal entities act as one of the priority areas in research carried out in the field of agro-industrial legislation. The study of specific areas of their activities, the goals they set for them- selves, the array of documentation developed by them, the effectiveness of their work, the presence or absence of interaction with other international structures. There is a detailed analysis of those trends that have generated the need for interstate cooperation and interaction in the field of countering the problems that have arisen in the agricultural sector of the world economy, as well as a set of methods by which these problems are solved. The information that will be presented in this article is applicable as reference, additional information at the state and interstate level of cer- tain activities that are aimed at forming a policy for interaction with both state and non-governmental actors of the world community in the agricultural, agricultural sector.

The demand for extraterritoriality: Religious minorities in nineteenth‐century Egypt

AbstractThe transplantation of European legal systems in the periphery often occurred via semi‐colonial institutions, where Europeans were subject to their own jurisdictions that placed them outside the reach of local courts. In nineteenth‐century Egypt, the option of extraterritoriality was extended to local non‐Muslims. Drawing on Egypt's population censuses in 1848 and 1868, we show that locals did not seek extraterritoriality to place themselves under more efficient jurisdictions. Rather, legal protection mitigated uncertainty about which law would apply to any contractual relationship in an environment where multiple legal systems co‐existed and overlapped.

Multiparty relationships in platform work: Cross-European case law developments and points of departure for (supranational) regulation

Multiparty constellations are on the rise in the labour market, and they can make the classification of contractual relationships exceedingly difficult. Recent case law on platform work provides an insight into the various problems resulting from this development. The article provides an overview of cases in which courts and/or administrative bodies across Europe were called upon to rule on platform workers’ rights in cases that involved relevant multi-party constellations. It establishes a typology of the different actors that have figured as defendants in cases on platform workers’ rights and explores the consequences for both procedural and material aspects. On the basis of these insights from case law, as well as a brief review of the European Parliament's suggestion of regulating subcontractor liability in the proposed directive on platform work, a number of regulatory implications are identified.

Legal nature and practice of application of the Vienna convention in the regulation of international contractual relations

The procedure for concluding an agreement has come a long way of evolution from a strictly formalized process to concluding an agreement using computer networks. Currently, almost all legal systems regulate the main stages of the pre-contractual process - the direction of the offer, its analysis and acceptance to the addressees, as well as the conclusion of the contract during the negotiation process. However, the intensity of such regulation and the range of regulated relations differ in each legal family and even in states belonging to the same legal family (for example, Great Britain and the United States). The process of negotiations between the parties during the conclusion of an agreement remained the least regulated, although attempts to regulate some elements of the negotiation process are observed in almost all legal systems (for example, the establishment of pre-contractual responsibility, the legal status of pre-contractual relations). For this reason, it is of particular interest to analyze the UN Vienna Convention.

The Legal Dynamics of E-Commerce and Direct Selling: A Comprehensive Analysis of The Amway India Enterprises Vs. Union of India Case

This research paper delves into the landmark case of Amway India Enterprises vs. Union of India, adjudicated by the Delhi High Court in July 2019. The case pertained to alleged interference by e-commerce giants such as Amazon and Flipkart in the contractual relationships between direct selling companies and their independent sales representatives. The paper dissects the intricate legal facets of this case, encompassing constitutional matters, intellectual property rights, information technology laws, consumer protection, and contractual and tort laws. A central issue examined was whether e-commerce platforms were bound by the Direct Selling Guidelines, 2016, and if their actions constituted trademark violations. The case also probed the applicability of Section 79 of the Information Technology Act and intermediary responsibilities. The Delhi High Court's judgment wielded substantial influence over the Indian business landscape. E-commerce platforms were mandated to cease commercial activity on plaintiffs' products and furnish detailed seller data, necessitating operational adjustments. In conclusion, the Amway India Enterprises case signifies the evolving commerce dynamics in the digital era and underscores the pivotal role of the legal system in ensuring fair competition, consumer safety, and intellectual property preservation. As business landscapes evolve, this case illuminates the path toward a responsible, transparent, and secure online marketplace in India.

Psychological Contracts and Employee Voice: Does Breach Matter?

Empirical evidence shows that the type of psychological contract and psychological contract breach affect employees’ work behaviours. One of these behaviours is employee voice, which is a key to organisational dynamics. This research aims to determine empirically the ways in which different types of psychological contract are linked to different types of employee voice, and the ways in which psychological contract breaches affect these relationships. The paucity of literature on the relationship between all three variables necessitated this research. The research targeted South African employees working in medium to large organisations with a staff component larger than 60. In a cross-sectional survey, the respondents were asked to answer a questionnaire on psychological contracts, psychological contract breach and employee voice. Correlation and regression analyses were used to test the relationships and the moderation effect of psychological contract breach on the psychological contract–employee voice links. A total of 620 respondents returned completed questionnaires, which showed acceptable psychometric properties. Relational psychological contracts correlated with promotive dimensions of employee voice, while transactional psychological contracts and psychological contract breach correlated with prohibitive dimensions of employee voice. The psychological contract–employee voice relationship was moderated by psychological contract breach only in a transactional psychological contract environment, and only for the prohibitive employee voice dimension. Psychological contracts and psychological contract breach, as well as the interaction between them, influence employee voice; with hindsight, this occurs in explainable ways. The results contribute to the understanding of the complex relationship between these variables and provide fertile ground for the formulation of targeted hypotheses. Practical recommendations are included.

Non-Standard Labor Contractual Relations on Digital Platforms

The article examines current trends in labor usage on digital platforms. The author emphasizes that the irregularity of these relations has numerous negative socio-economic consequences, including shadow employment, lack of fair competition, tax evasion, etc. Therefore, determining the legal framework becomes a priority for improving labor legislation. The author emphasizes that the national court practice is just beginning to take shape in the field of establishing the existence of labor contractual relations on digital platforms. There is an objective need to revise archaic approaches that distinguish between civil law and labor law contracts. The highest hopes for changing this paradigm should be placed on the Supreme Court, which, through its quasi-precedent decision, can adjust and set a new tone in the establishment of employment relations.The article cites the decisions from foreign courts that have recognized drivers providing passenger transportation services using digital platforms as employees with appropriate social and labor guarantees. This practice outlines the vector for the development of further scientific research in this: and can also serve as an example for national courts, especially in terms of identifying the criteria for establishing the fact of an employment relationship.Proposed criteria for distinguishing between civil contractual and labor contractual relations may include: (1) temporal (the amount of time a driver spends providing taxi services); (2) the degree of his/her dependence on a digital platform (conditional employer); and (3) the share of income received by an employee in the structure of his/her monthly income. The comprehensive application of these criteria to specific situations makes it possible not only to distinguish the labor contractual relationship, but can also serve to regulate it.

Breach of obligations under contracts for the sale of goods and supply of digital content in European Union and Ukrainian law

The content of the research lies in an analysis of the legal prescriptions of the legislation of the European Union and Ukraine, which determine the liability of the parties for breach or improper performance of obligations under contracts for the sale and purchase of goods and supply of digital content. With the help of general and special philosophical methods, the possibility and legal consequences of applying the liability provisions of the relevant articles of the Civil Code of Ukraine, to the contractual relations of purchase and sale of goods and the supply of digital content (violation of the contract of sale by the seller and the lessee, copyright infringement, etc. are discussed. ) It is concluded that in order to harmonize the Ukrainian legislation with the legislation of the European Union, the provisions of individual drafts and Directives of the European Parliament and the Council, which regulate the specific sphere of legal relations, were analyzed. Special attention was paid to the implementation of the draft Law on Digital Content and Services and its compliance with the basic principles of private law in this area, established on the basis of the values of the European Union.

Legislative Exceptions on Civil Responsibility Provisions

Objectives: These legislative exceptions on civil responsibility provisions are considered a legal stratagem. The term legal stratagem will be used in this article to refer the legislative exceptions on the civil responsibility provisions. The present article is based on the scientific observation of a number of legal theories and their provisions which I believe they are nothing, but a stratagem created by legal regulation violating another legal provisions such as civil responsibility provisions or the binding force of the contract without being provided as an exception over the principle. The concept of stratagem that I am going to discuss is different from fraud, and it does not breach the principle of bad faith. It represents a legal rule that stands by itself, but its provisions break legal principles without being considered an exception to public principle. I found that legal stratagem is a result of legal heritage and a backlog of legal work over all the stages of human life. Before humanity reached the legislation as a source of rule of law, there were various sources and different stages of life in time and place, such as custom and others. Hence, dealings between individuals in society settled on some legal ideas or what could be called legal axes. As a result of this stability, these ideas and axes remained there and moved to legal texts. Despite the progress and development of other responsibility theories and the search for explanations of binding force of the contract in some legal schools, especially the Latin School. In this research, I will present my scientific opinion regarding some legal theories, which I believe they are nothing but a legal stratagem to a question created by legal thought as a legal solution. I will discuss this in both Jordanian and French civil laws in the area of contractual relations. Method: The present research is based on a descriptive and analytical approach to the texts between the Jordanian Civil Code and the French Civil Code. In addition to study these texts in depth, to relate between the various legal aspects. Result: We may not find a legal interpretation consistent with the provisions and general rules of the legislation, such hand money that allow contractors not to comply with the binding force of the contract or with the provisions of civil liability. Legal perception is still contradictory to the one issue like the concept of single person's company that does not establish neither partnership nor the concept of limitation that leads to the debtor's clearance of patrimony for the mere passage of time. Conclusion: We are not faced with a lack of, a contradiction to or a legislative ambiguity. We are faced with images in which we go beyond legislative perception in accordance with the general rules of law, whether in the area of binding force of contracts, civil responsibility or financial responsibility.

Industrial Wastewater Indirect Discharges in Integrated Pollution Prevention and Control Perspective: A Case Study of Prague

Wastewater discharge is one of the sources of environmental pollution. Wastewater pollution originates, inter alia, in industrial wastewater. After treatment, industrial wastewater can be discharged directly into the receiving water body or indirectly into a sewerage network terminated by the concluding stage of wastewater treatment. In the Czech Republic, indirect wastewater discharges are obeyed by the contractual relationship between the wastewater producer and the sewerage network operator. General limits for indirectly discharged wastewater are not set by any national legislation. The aim of this paper is a description of industrial wastewater discharged into the municipal sewerage system in Prague and possibilities of setting limits for installations undertaking the industrial activities listed in Annex I of the Integrated Prevention Act. The study showed that 72% of installations discharge industrial wastewater indirectly. The majority are energy plants that produce boiler blowdown wastewater. More than 80% of wastewater from studied installations is treated by one central wastewater treatment plant. The studied installations are equipped with a wastewater neutralization unit. However, despite the existence of the legislative framework to propose limits for studied installations, only two installations covered by BAT conclusions with relevant BAT-AELs for indirect discharges to the receiving water body were determined. Generally, a small percentage of installations can be limited by an integrated permit due to an inconsistent approach to the issue of indirect discharges from installations under the scope of the Integrated Prevention Act.

The influence of psychological contracts on exporter–distributor relationships and export venture performance: the conditional role of institutional distance

PurposeThis study explores the influence of informal “psychological contracts” (PCs), (as opposed to formal contractual relationships) on exporter–distributor relationships.Design/methodology/approachData were obtained from a sample of 127 exporting small and medium-sized enterprises (SMEs) in New Zealand. The authors employed partial least squares structural equation modeling (PLS-SEM) for analyzing the measurement and structural models.FindingsPsychological contract fulfillment (PCF) enhances affective commitment and calculative commitment. Moreover, affective and calculative commitments mediate the relationship between PCF and export venture performance (EVP). The authors also find that institutional distance (ID) weakens the relationship between PCF and both affective and calculative commitment. Additionally, ID moderates the strength of the mediating mechanism for affective commitment; thus, the authors present a moderated-mediation model.Originality/valueTo date, international relationship marketing (IRM) literature has focused on PC breach, and business-to-business (B2B) marketing literature has focused on the effects of PCs on affective/relational commitment. This study offers novel insights by demonstrating the positive indirect effect of PCF on EVP via the mediating variables – affective and calculative commitment. The authors' findings also present a conditioning role of ID on the micro-level relationships of PCs.

To what extent can smart contracts replace traditional contracts in construction project?

PurposeThe smart contract provides an opportunity to improve existing contract management practices in the construction projects by replacing traditional contracts. However, translating the contracts into computer languages is considered a major challenge which has not been investigated. Thus, it is necessary to: (1) identify the obstructing clauses in real-world contracts; and (2) analyze the replacement's technical and economic feasibility. This paper aims to discuss the aforementioned objectives.Design/methodology/approachThis study identified the flexibility clauses of traditional contracts and their corresponding functions through inductive content analysis with representative standard contracts as materials. Through a speculative analysis in accordance to design science paradigm and new institutional economics, the economic and technical feasibility of existing approaches, including enumeration method, fuzzy algorithm, rough sets theory, machine learning and artificial intelligence, to transform respective clauses (functions) into executable codes are analyzed.FindingsThe clauses of semantic flexibility and structural flexibility are identified from the contracts. The transformation of semantic flexibility is economically and/or technically infeasible with existing methods and materials. But with more data as materials and methods of rough sets or machine learning, the transformation can be feasible. The transformation of structural flexibility is technically possible however economically unacceptable.Practical implicationsGiven smart contracts' inability to provide the required flexibility for construction projects, smart contracts will be more effective in less relational contracts. For construction contracts, the combination of smart contracts and traditional contracts is recommended. In the long run, with the sharing or trading of data in the industry level and the integration of machine learning or artificial intelligence reducing relevant costs, the automation of contract management can be achieved.Originality/valueThis study contributes to the understanding of the smart contract's limitations in industry scenarios and its role in construction project management.

The role of landlords in shaping private renters’ uneven experiences of home: towards a relational approach

Informed by the sociological analysis of Rex and Moore, our qualitative interviews with private renters across the UK highlight the myriad of ways in which landlord behaviour impacts the wellbeing of their tenants and their ability to make their rented house a home. Whilst this is a contractual relationship governed by the market, it is also one characterised by informal codes, judgements, and discretion. We argue this micro-level approach, centred on social relations, offers insights for our understanding of both the dynamics of private renting and tenants’ uneven experiences of the sector.

Gig Prostitution and Recruitment Processes a False Promise of Freedom

ABSTRACT This article is based on the results of two research projects conducted between 2018 and 2022, illustrating the recruitment processes used as part of the criminal activity which I define as “gig prostitution,” a form of criminal organization which revolves around the commercial sexual exploitation of children. It highlights the emphasis placed on negotiation and contractual relations during the recruitment phase. Gig prostitution is described by those involved as being based on personal integrity and the right to decide what use one makes of one’s own body. However, closer examination of the facts reveals that this freedom exists in name only. In spite of the accent placed on consent, negotiation and individual interests, such discourse is in reality accompanied by mechanisms which prevent victims from breaking free of exploitative relationships.

A critical ethnography on instructor-student interactions in a mathematics teacher education course

This study aimed to investigate the instructor-student interactions in a secondary level mathematics teacher education course through a critical ethnographic perspective. Participants in the study were 16 pre-service teachers at one of the large midwestern universities in the U.S. The data for the study consists of the transcribed audio recordings collected in four classroom meetings as well as exclusive field notes. It was revealed as a result of the current study that negotiation - re-negotiation mechanisms mediate the communications, which occur in accordance with the lifeworlds of students and instructor while system subordinates the lifeworld of these actors through its two main roots, contractual and normative systemic relationships. In addition, the reflection of these relationships on the instruction was also discussed. It is highly suggested for future researchers to investigate these interactions with extended sample sizes as well as in different learning environments.

Arrangement and Implementation of Pancasila Industrial Relations in Company Regulations and Collective Labor Agreements

The affirmation of the constitution means that to take all actions in the realm of industrial relations must be based on the law or the provisions of the applicable labor legislation to provide protection for workers/laborers as also regulated in the Human Rights Act. Therefore, it is interesting to examine how the Pancasila Industrial Relations Norms in Indonesian Labor Legislation and How the Implementation of Pancasila Industrial Relations in Making Company Regulations and Collective Labor Agreements in a Company. To answer these problems, normative legal research methods are used (juridical normative) with a statutory approach, conceptual approach, and comparative approach, using secondary data obtained from primary, secondary and tertiary legal sources. The research found that Pancasila industrial relations norms originated from Pancasila which is a tangle of main basic values is a crystallization of various values that live in society as the soul of the nation (volskgeist) and guiding star (leidstar) in social life, because the main basic value is still very abstract and cannot be legally enforced, or cannot be sanctioned if violated, then as a concretization of these basic values must be outlined in legislation so that it can be enforced and sanctioned if violated and the Implementation of Pancasila Industrial Relations in Making Company Regulations and Collective Labor Agreements in a Company, should involve and accommodate the aspirations of workers through trade unions / workers' representatives in making Company Regulation policies (PP) and Collective Labor Agreements (PKB). Pancasila Industrial Relations is part of contractual relations as a mutual agreement between employers and workers, the achievements and implementation of the agreement should not conflict with Pancasila Industrial Relations and justice.

Internet Addiction and Academic Anxiety Among Chinese College Students During COVID-19: The Mediating Role of Psychological Contract.

The objective of this study is to investigate the underlying mechanism connecting internet addiction and academic anxiety, with the aim of assisting higher education professionals and administrators in developing comprehensive solutions to effectively mitigate the systemic risks associated with these issues. This study utilizes the smart data collection instrument of Wenjuanxing to gather data from 270 Chinese college students through an online questionnaire survey. Through building and analyzing a structural equation model that consists of four latent variables, such as internet addiction, relational psychological contract, transactional psychological contract, and academic anxiety. The study analyzed the fundamental characteristics of the transformation mechanism of Internet addiction and academic anxiety. It specifically focused on conducting a mediating effects test of the psychological contract variable to validate the significant role of both relational psychological contract and transactional psychological contract in this transformation mechanism. First, the study found that internet addiction (β=0.094; p=0.179) cannot directly impact academic anxiety. It can only influence academic anxiety through the mediating effects of the relational psychological contract (β=0.088; p=0.022) and the transactional psychological contract (β=0.123; p=0.003), with the latter having a more significant impact. Second, the destructive effect of Internet addiction on relational psychological contracts (β=-0.496; p<0.001) is greater than that on transactional psychological contracts (β=-0.476; p<0.001). Third, compared to the weakening of the relational psychological contract (β=-0.177; p=0.017), the weakening of the transactional psychological contract (β=-0.258; p=0.001) has a more significant impact on college students' academic anxiety. This study shows that the weakening of the corresponding psychological contract is the key link for the development of Internet addiction into academic anxiety. Stabilizing the psychological contracts at the psychological level of college students can help suppress the vicious transformation process from internet addiction to academic anxiety, ensuring students' mental health and reducing systemic risks in educational work.

Political and Legal Nature of Sanctions Restrictions in The Field of Publication Activity of Russian Scientists

This article is devoted to the study of theoretical and legal ideas about scientific sanctions and their political and legal nature, as well as an analysis of their impact on the publication activity of Russian scientists in foreign publications.&#x0D; In modern conditions of geopolitical and geo-economic turbulence, sanctions policy has a restraining effect on the development of scientific and technological potential. In this connection, the purpose of the study is to conceptually generalize the legal nature of scientific sanctions, identify existing barriers to international scientific and technical cooperation and find ways to overcome them.&#x0D; Sanctions policy is represented by various forms of generating difficulties in the sphere of participation of certain states in international network collaborations and established forms of cooperation. The legal basis of sanctions policy is the unilateral termination of contractual relations, which causes damage not only to the state against which sanctions are imposed, but also to the state that imposes sanctions.&#x0D; As a way to respond to sanctions challenges in the field of scientific and technological development, the dynamic development and implementation of innovative measures to support the national scientific and scientific-technical sector is proposed.&#x0D; As measures to increase the publication activity of Russian scientists in foreign publications, it is seen, first of all, the need to form and implement a special state policy as an integral part of the state scientific and technical policy in the field of international cooperation, since its development in these conditions cannot be limited only to the initiatives of scientific subjects and scientific and technical activities. In particular, it seems possible to change the geographical directions of international scientific and technical cooperation. This also involves encouraging friendly countries to harmonize foreign and domestic policies in the field of science, technology and innovation, as well as to harmonize national legislation and improve the functioning of organizational and legal mechanisms of cooperation.

Board Informal Hierarchy and Digital Transformation: Evidence From Chinese Manufacturing Listed Companies

Board informal hierarchy plays a crucial role in board governance and corporate strategic decision-making. The article empirically examines the impact of board informal hierarchy on corporate digital transformation based on relational contract theory, using a fixed-effects model with Shanghai and Shenzhen A-share listed manufacturing companies from 2012 to 2019 as research subjects. The findings of this study demonstrate a positive correlation between board informal hierarchy and digital transformation. Specifically, the presence of a chairman with the highest rank in the informal hierarchy strengthens this relationship, while the presence of a CEO with the highest rank weakens it. Mechanistic analysis shows that informal hierarchy accelerates digital transformation through three channels: improving board decision-making efficiency, mitigating management myopia, and facilitating information communication. This study extends existing research. On the one hand, this paper explores the drivers of digital transformation in manufacturing firms at the level of corporate governance and board characteristics. The findings provide empirical evidence to support the understanding of transformational change behaviors of manufacturing enterprises in the digital economy. On the other hand, it also opens up the “black box” of the internal operation of the board and provides valuable lessons for strengthening board governance. JEL Classification: D21; M12; Z13.