Contractual Relationships Research Articles

INFAMIA IN THE SIGHT OF ROMAN LAW

The research identifies “Infamia” as a pervasive legal construct, intricately linked with notions of reputation, honor, and societal standing. The concept significantly influenced various aspects of Roman jurisprudence, spanning from contractual relations (such as fiducia, societas, depositum, tutela, and mandatum) to inheritance laws, and even marital unions. This study underscores the intricate interplay between legal regulations and moral considerations, illustrating how Roman society intertwined religious beliefs, trust, and conscientiousness in shaping legal conduct.Examining the inheritance laws, the research delineates the pivotal role of “Infamia” in determining the transfer of rights and responsibilities following an individual’s demise. The inheritance process becomes a crucial juncture where societal values are intertwined with legal mandates, influencing the distribution of familial assets. Notably, the Roman institution of “pater familias” vested nearly absolute authority over familial members, restricting their ownership rights. Furthermore, the study traces the evolution of inheritance practices through distinct historical periods, including the legislative reforms introduced by Justinian. These amendments aimed to rectify perceived injustices, providing mechanisms for disinherited heirs to contest their exclusion through the querella inofficiosi testamenti. The research also scrutinizes “Infamia” within the realm of marital law, discerning its presence in the dissolution of marriages through practices like “divoritum” and “repudium.” These terminations, whether consensual or unilateral, bore financial and reputational consequences, with the latter potentially resulting in societal disgrace. In conclusion, this comprehensive review illuminates the intricate and dynamic role of “Infamia” in Roman legal and societal frameworks. It underscores how this concept permeated various facets of Roman life, serving as a potent tool for regulating conduct, shaping social relations, and upholding moral values. By synthesizing a diverse range of scholarly works, this study offers a holistic understanding of “Infamia” and its far-reaching implications in ancient Rome.

Contrariness of Laws in Contractual Obligations and the Role of the Will in Determining the Applicable Law in the Jordanian Civil Law

In this research, the researcher dealt with the issue of contrariness of laws in contractual obligations and the role of the will in determining the applicable law in the Jordanian civil law. In addition, contrariness of laws requires several conditions to exist, including the legal relationship of a foreign element, the acceptance of countries to apply foreign law before their courts, and the difference in legislation between countries. The Jordanian private international law, like most of the world’s legislation, has subjected the rules of attribution related to contractual obligations to the law chosen by the contracting parties, which is known as the law of will or the principle of the power of will, and the Jordanian legislator has subjected contractual obligations to the law of the country in which the joint home of the contracting parties is located if they are united. But in case they differ, the obligations are subject to the law of the country in which the contract was made. This means that the contracting parties are free to choose the law applicable to the contractual relations as soon as the offer is linked to the acceptance in the agreement concluded between the contracting parties when the terms and conditions of the contract are fulfilled.

Hubungan Dokter dengan Pasien Dalam Bidang Kesehatan

The relationship between doctors and patients begins with a vertical, paternalistic relationship pattern, which isbased on the principle of father knows best, which gives birth to a paternalistic relationship. The position/position ofthe doctor and the patient are not equal, namely the position of the doctor is considered higher than the patient,because the doctor is considered to know best about all kinds of diseases and how to cure them, while the patient isconsidered to know nothing about the disease and he submits it completely to the doctor. Doctors are placed aspatrons (protectors) and patients are placed as clients (protected people). Then, in its development, the vertical,paternalistic relationship pattern shifted to a horizontal, contractual relationship pattern. This relationship givesbirth to a horizontal contractual legal aspect which is inspanningsverbintenis which is a legal relationship betweentwo legal subjects (patients and doctors) who are of equal status, giving rise to rights and obligations for the partiesconcerned. This legal relationship does not promise anything (healing or death) because the object of the legalrelationship is the maximum effort made by the doctor carefully and with tension based on his knowledge andexperience in treating illnesses to cure the patient's illness.Keywords: Juridical Review, Relationship, Doctor and Patient, Health Sector

The influence of internship satisfaction and the psychological contract on the career identity behavior of fresh graduates.

Frequent resignation of young workers brings huge costs to the organizational management of enterprises. The frequent turnover behavior is a sign of low career identity, and exploring the paths that influence career identity behaviors is necessary. Previous studies have found that internship satisfaction and the psychological contract can influence career identity behavior. However, the dimensions of the psychological contract are unclear, and it is uncertain whether internship satisfaction can influence career identity behavior through the different dimensions of the psychological contract. This study attempts to expand the concept of psychological contract and construct a multiple mediation model. It aims to analyze the mediating role of different dimensions of the psychological contract between internship satisfaction and career identity behavior. A sample survey was conducted on Chinese fresh graduates by way of the questionnaire survey, and a total of 576 valid questionnaires were collected. Amos 26.0 was used to analyze the data and verify the multiple mediation model. The results showed that psychological contract can be divided into three dimensions: transactional contract, relational contract, and developmental contract. Internship satisfaction can positively influence career identity behavior via the three dimensions of psychological contract, and there are differences in mediating effects among the dimensions. The mediating effect of developmental contract is the highest, relational contract is the second, and transactional contract is the lowest. This article expands the dimensions of psychological contract, emphasizes the importance of developmental contract, contributes to the literature on organizational psychology, and provides scales and empirical evidence for future research. The analysis points out that fresh graduates with long-term development opportunities often show higher career identity behavior. This provides valuable insights for enhancing career identity behavior, improving career sustainability, and assisting organizations in managing human resource mobility.

The importance of being relational: comparative reflections on relational contracts in Australia and the United Kingdom

The notion of the relational contract, previously limited to academic circles, is now being articulated by some courts. The consequences are threefold. Firstly, these judicial decisions are challenging the conception of agreements in the common law. Secondly, these decisions acknowledge the particularity of some long-term commercial relationships and shift the spotlight onto the relations of the parties. Thirdly, they are being used to integrate obligations to act in good faith. This article will show how these decisions implement the developing theory of relational contracts. The article will discuss recent developments in the United Kingdom and Australia and reflect on the parallel course the two jurisdictions are taking. By providing a bird’s-eye view of normative changes affecting some long-term transactions, the aim of the article is to reflect on how contract law is being reshaped by the recognition that, in some contracts, the relationship, not self-interest, is the vital thing, demonstrating a move away from traditional contract law theory.

Food quality and supply chain networks in dynamic business environments: evidence from the Nigerian shrimp subsector

PurposeResearch efforts aiming to improve understanding of how various organisational relationships contribute to better food quality (FQ) in a constantly changing business environment are limited. This study examines the effects of supply chain (SC) organisations on the quality of food products across multi-tiered segments with dynamic business situations.Design/methodology/approachGuided by a conceptual research framework based on contingency theory and netchain analysis, moderation-based partial least squares structural equation modelling (PLS-SEM) was used to analyse multi-tiered data from 405 shrimpers and 238 women processors in Akwa-Ibom, Lagos and Ondo states in Nigeria.FindingsThe authors' findings show that unpredictable business environments such as market turbulence (MT), power asymmetry (PA) and distrust (DT) not only directly influence SC organisations but also moderate how organisational networks contribute to improved FQ. Further results reveal that closer vertical ties such as relational contracts are prerequisites for small-scale actors to guarantee improved FQ along multiple nodes of the food system.Originality/valueThis is the first study to examine, from a contingency and multi-tiered perspective, how small-scale actors can maintain FQ across interdependent nodes of a food chain in a developing country context and to explore the complex interplay between SC networks and the quality of highly perishable food products in unpredictable business environments. Relevant theoretical and policy implications are discussed.

Model Perwujudan Good Faith (Asas Itikad Baik) Dalam Pemberantasan Mafia Tanah Terhadap Peralihan dan Pendaftaran Hak Atas Tanah Di Indonesia

Land actually provides a peaceful place where humans are born, live their lives, until they die and are buried together with nature, but land can have a winding history with all the tragic dramas and euphoria including the drama of land seizures both among individual communities and forced seizures by the State in terms of stripping property rights, land expropriation or land dispossession, as well as forced seizures, namely unilateral recognition of land, land appropriation where all become life dramas that flow blood and tears. The purpose of this research is to analyze the model of the realization of good faith in the eradication of the land mafia against the transfer and registration of land rights in Indonesia. The model of handling crimes in the land sector, especially related to the rise of the land mafia, can be done preventively and repressively in which the handling requires cooperation with various parties including the Police (Anti Land Mafia Task Force), the Attorney General's Office, the Supreme Court, the Judicial Commission, and others. It takes a deep awareness and a noble inner attitude and must always be held firmly by all stake holders as an effort to create a high moral attitude, avoid despicable acts, uphold the values of honesty, truth, and justice in order to realize the guarantee of legal certainty that is fair to land rights throughout the territory of the Republic of Indonesia so that the essence of good faith in the transfer and registration of land rights is interpreted as providing protection for the values to be maintained by the laws and regulations in contractual relations due to the legal act of transferring rights / transferring land rights before PPAT.

Газораспределение и оказание услуг по техническому обслуживанию газового оборудования: обновление регламентации на основе централизации

Introduction. In 2021, as part of the implementation of the initiative of Vladimir Putin, Russia’s president, amendments were made to the current legislation providing for the highest possible degree of gasification of the country, including the construction of gas networks to land plots of individuals without using the funds of these citizens, which was the beginning of reforms in the field of maintenance of gas equipment, taking into account the increase in gas consumers. In particular, the Government of the Russian Federation adopted a “roadmap” for the gasification of Russian regions, whereby the first stage should be completed in 2023 and the second stage was supposed to be implemented from 2023 to 2030. At the same time, the number of emergency incidents related to the use of gas, which have caused significant property damage, harm to health, and deaths, continues to remain at a critically high level. The analysis of the legal relations developing in the market of services under consideration indicates obvious shortcomings of the legal regulation. The purpose and objectives of the work are to: investigate the participation of a gas distribution organization in the maintenance of in-house gas equipment under the legislation amendments in this area; consider the features and problems of the legal regulation of maintenance activities; and propose recommendations for improving the legislation regarding the status of a gas distribution organization. Results. Currently, the legal status of gas distribution and gas equipment servicing organizations is unstable; intensive and contradictory legislative changes indicate that this type of activity needs to be updated in the legal regulations. The quality of the legal regulation of the activities of gas distribution and gas equipment servicing organizations operating in modern Russia requires deep improvement. Conclusions. A retrospective analysis of the legal regulation of the maintenance of in-house gas equipment allows for the formulation of a number of proposals; in particular, the state regulation of prices for in-house gas maintenance should be introduced. These maintenance services should be provided by specialized organizations without charging the public. The cost of services determined by the regulator must be included in the gas price and charged once by the supplier as part of the price under the gas supply agreement. In addition, the gas supplier must have a contractual relationship with a specialized organization that performs in-house gas maintenance. The population also needs timely diagnostics of gas equipment, its replacement, repair work, and proper maintenance and repair of house ventilation ducts so that gas supply is a means of comfortable living, which can be effectively carried out by Gazprom PJSC through its subsidiary specialized organization.

On proxy war: A multipurpose tool for a multipolar world

Abstract Current literature on proxy war tends to miss a set of key factors germane to the study and practice of proxy war. First, proxy wars are distinct from coalitions and alliances because proxy wars, unlike the latter, are rooted in offsetting one’s own risk by offloading it to another actor. Next, analysing proxy relationships and risk through agency theory, network theory, and theories of power illuminate five basic models of proxy relationship – coerced, exploited, transactional, cultural and contractual. These models provide a new understanding of how strategic actors can best leverage a proxy. Moreover, these models provide a basic understanding of what specific types of proxies cannot do. For example, coerced and exploited proxies cannot be counted on for complicated work, or long-duration operations. Transactional proxies, given the business agreement between the principal and proxy, can be counted on to go to the razor’s edge together. Nonetheless, task completion accelerates dyad divergence, and mission accomplishment usually results in transactional solvency. Cultural and contractual relationships are tight-bonded, facilitate complicated missions, and can operate for long periods of time. As a result, strategic actors looking to invest in proxy strategies are best served when utilising cultural or contractual proxies.

Contractual Relations between Providers and Digital Platforms: The Spanish ‘Riders Law’

This article examines the regulation of contractual relationship between workers and digital platforms from a comparative law perspective. For that purpose, the recently adopted Spanish ‘Riders Law’ will be the guiding thread of the analysis. The aim of this study is therefore to compare this statutory solution with other regulatory frameworks like European Union Law, UK, Italy, or French law and with case law approaches, to concluded that a third or intermediate category of workers should be set up to strike a balance between their labour rights and the innovative business model of digital platforms. Additionally, requirements of labour relationship should be reviewed and updated with the focus on economic dependency rather than traditional legal dependency. Digital platforms, legal presumption, comparative law, economic dependency, workers, employees, independent contractor, labour relationship, legal dependency, riders

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