Contract Of Sale Research Articles

Standby akreditiv kao sredstvo obezbeđenja u međunarodnim ugovornim odnosima

The subject of this paper is a type of letter of credit that is not commonly encountered in the practices of domestic banks. It is not specifically regulated by domestic legislation; however, its significance is expected to grow in the international business relations of our businessmen with companies from other countries where the use of this payment security instrument is common in the banking industry. This type of letter of credit is theoretically of disputed legal nature, raising questions about whether it qualifies as a letter of credit, a type of guarantee, or a distinct legal institute. The focus of the research is on the standby letter of credit as a security measure in international contractual relations, particularly in sales and construction contracts. In sales contracts, the standby letter of credit serves to secure the interests of the seller, while in construction contracts, it can secure interests of both the client the contractor, depending on the party for whose benefit it was issued. The paper aims to define the standby letter of credit, explain its role in protecting the rights and interests of contracting parties, and explore its legal nature. In particular, we will conduct a comparative analysis between this legal institute and a 'classic' documentary letter of credit and a bank guarantee. In our legal theory, and to a greater extent in American and English legal theory, there are numerous works that deal with the topic of standby letters of credit. However, the legal regulations related to banking operations have changed over time, which requires a fresh perspective. The goal of this work is to familiarize our companies and banks engaged in transactions with foreign entities, where the issuance of this type of letter of credit is customary, with the role of a standby letter of credit as an instrument for ensuring contractual obligations. In addition to that, the paper aims to explore the legal relationships established with this type of letter of credit.

Under the background of 100 million tons of crude oil purchase and sale contract: Countermeasures for smooth operation of the Alashankou-Dushanzi-Urumqi crude oil pipeline

A 100 million ton crude oil purchases and sale contract signed between China and Russia, and the crude oil will pass through Kazakhstan and flow along the Alashankou-Dushanzi-Urumchi crude oil pipeline to western Region. As an important crude oil import channel, this paper analyzes the current situation of Alashankou-Dushanzi-Urumchi crude oil pipeline and puts forward some countermeasures. Both Russia and Kazakhstan are major crude oil exporters, with internal demand for exporting crude oil to China. There is a huge gap between domestic crude oil demand, and social and economic development depends on crude oil import. The geographical environment of the crude oil pipeline is conducive to pipeline protection. The security environment of Xinjiang has improved. The situation in Russia and Ukraine and the civil strife in Kazakhstan have limited impact on the pipeline which will have good development opportunities. Thus, this paper proposes the following management strategies. First of all, strengthen communication and coordination between upstream and downstream enterprises. Second, reduce cost and increase efficiency. Third, attach importance of the application of new technologies. Fourth, establish emergency plans and hold emergency drills for emergencies such as COVID-19 outbreak and pipeline leakage. Fifth, strengthen anti-terrorism and riot control. Sixth, strengthen corporate culture and talent team construction.

Dipartite principle in the mechanism of the real right’s alteration in China

The discrepancy of real right transfer mode decides the registered effects of real estate register (Confrontation or Confirmation Doctrine) and its examinational scope, further influencing the credibility and applied scope of the real estate register. The defined basis of the transfer mode is the attitude toward the juristic act of liability and juristic act of disposition, the causality and nonature of the juristic act of disposition. According to the research on the history, axiology and systematology, the transfer mode with the idealism has been cancelled in Chinese legislation, but there are still some exceptions. The enacting of the article 595 of the Civil Code is to distinguish the relationship between sales contracts and other contracts, which is unable to combine it with the article 598 and then deem the double effects of the sales contracts. The distinguish between juristic act of liability and juristic act of disposition in Chinese civil law has been confirmed by the juridical practices, which contained in the article 215 of the Civil Code. This distinguish is a summary of social and life experiences, particularly outstanding in the presale of house, the real estate register and the non-real time sales. In the real estate register, the consensus of both parties includes in the registration application, their signature means the agreement for the change of real right. The article 597 of the Civil Code stipulates the juristic act of liability’s effect when the seller has no right to dispose it. The distinguish principle in the theory of juristic act of real right, is not only beneficial to protect the third party, but can also clearthe legal relation in the complicated disputes. In this condition, some scholars still deny that the separation of juristic act of liability and juristic act of disposition is induced by the preconceived notions. Although the principle of abstraction has some advantages to protect the transaction safety and simplify the trading programs, no identified basis can be found in the examinational scope and related law when the authority handles the registration.

Legal Aspects in Al Murabahah Financing Contract in Sharia Banking: Study at PT. Bank Syariah Indonesia Tbk Kedaton Branch, Bandar Lampung

Abstract: Purpose: This study aims to obtain a complete, clear, detailed, and systematic description of the legal aspects of a murabahah contract Methodology: The research used is normative-empirical legal research by examining all sources of legislation and direct descriptions in the field, with a conceptual approach. Results: Murabahah contract is a sale and purchase contract of an item where the seller mentions the selling price and profit level, where the selling price is approved by the buyer. The characteristic is that the seller must tell the price of the product and determine a level of profit. The legal aspects in the murabahah contract include legal subjects, legal objects, legal events, and legal relationships. Keywords: 1. Legal Aspects 2. Murabahah Contract 3. Sharia Financing Facilities

Delivery of the Goods under a Contract for Sale of Goods: A Critical Appraisal

Delivery of the Goods under a Contract for Sale of Goods: A Critical Appraisal

Penerapan Kontrak Jual Beli

Buying and selling is a type of economic activity carried out by sellers and buyers that encourages the exchange of property rights to products or services from the hands of the seller into the hands of the buyer. Buying and selling is a necessity for people to survive. The individual needs of life will the exchange be able to be met through a meeting between merchants and buyers in a place called a market. The development of the market is indistinguishable by the turn of events and changes in the way of life of the individual. The relationship of promise and settlement is that the agreement provides a commitment. Covenants are sources of understanding, regardless of different sources. The agreement is also called understanding, arguing that the two meetings agreed to follow up with something. The understanding brought into the contract world, it must be desired by two people or two meetings to enter into the understanding, while the understanding brought into the world of rules is held by the demonstration is contrary to the wishes of the meeting in question. At the point when two individuals hold an agreement, then, at that moment, they hope that between them there is a legitimate commitment agreement. The purpose of this study is to find out the contents of the Contract of Sale, the object of sale and purchase, and the law of buying and selling. This research uses a type of method The approach method used in this study is a normative approach method, because the legal concept used in this study is a positivist legal concept and views the law of an autonomous institution. The type of research used is a descriptive type of research, because this study aims to provide as much detailed data as possible on the implementation of land sale and purchase agreements. The source of data in this study is secondary data and primary data, where secondary data are complete documents related to the sale and purchase of land, while the primary data is direct information obtained from related parties who can provide information directly the data analysis technique in this study was carried out with documentation study techniques, where data collection was obtained from literature studies and field research.

ДОСЛІДЖЕННЯ СУЧАСНОГО СТАНУ РИНКУ ЖИТЛОВОЇ НЕРУХОМОСТІ В УКРАЇНІ

The housing market occupies an important place in the structure of the national economy. In particular, it provides a connection between housing consumers and its producer - the construction industry, which is an indicator of economic development, determines the relationship between housing demand and supply, on the basis of which it establishes economically balanced housing prices, determines price guidelines for public housing programs and the most effective forms of housing use, is a tool for housing redistribution among citizens, etc. The housing market in Ukraine before Russia's military aggression belonged to the developing markets. In the article, a study of the current state of residential real estate in Ukraine is carried out, namely, the emphasis is placed on the analysis of the availability of the residential real estate market for the population of Ukraine. It is noted that the main subject of the housing market is the buyer, and if for some reason residential real estate objects become unavailable for him, then the existence of the housing market is under great threat. Quantitative indicators of the housing stock of Ukraine, housing price indices on the primary and secondary market, the dynamics of capital investments for the purchase of housing and the number of sales contracts, as well as the ability of the population to save for the period 2017–2021, were analyzed. Housing affordability is analyzed using the housing price index (HPI). The activation of mortgage lending in the country during the period covered by the analysis was restrained by the existence of problems that prevented the full use of mortgages and, accordingly, did not contribute to the development of mortgage lending. Yes, it is indisputable that the "inhibition" of the development of mortgage lending is influenced by the limited ability of the population to pay. As for the spending and savings of Ukrainian citizens, they are extremely low. At the same time, savings of Ukrainians are a powerful potential source of investments. Information on the price dynamics of residential real estate indicates a significant difference between regions within the same country. The dynamics of the primary and secondary housing market in 2022 in the conditions of military aggression of the Russian Federation are considered.

《民法典》买卖合同风险负担规则探析

《民法典》买卖合同风险负担规则探析

Pandangan Fiqh Mu’amalah terhadap Transaksi Non-Fungible Token (NFT)

Non-Fungible Token (NFT) is one of the most popular digital assets traded by the global community. This phenomenon is increasingly popular with the news that Ghazali was able to earn billions of rupiah. The NFT phenomenon encourages researchers to carry out analyzes related to the law of transactions in it and its validity according to the fiqh mu'amalah of the four schools of thought. This study uses a literature study approach by collecting data and information related to NFT and the views of several scholars regarding the pillars of a sale and purchase contract (bay') which include: NFT as ma'qud 'alaih, cryptocurrency as tsaman or mal, seller and buyer, and shighat (contract). This research resulted in two findings. First, NFT is a mal in the fiqh mu'amalah review. NFTs are categorized as meaningful malls because they are useful for copyrighted works and can be fully owned (hiyazah). Second, NFT transactions are legally valid 'because they have fulfilled all the conditions and pillars of the sale and purchase contract (bay'). Cryptocurrency as a transaction tool in NFTs is legal and meets the requirements to be categorized as a mall and recognized as a hiwalah contract. The two actors (al-'aqidan) and shighat in NFT transactions have also met the conditions.

Incorporating Sukuk Provisions into the Law on Domestic and Foreign Private Investment in Afghanistan

The current legal system in Afghanistan provides for commercial and financial dealings through the Civil Code (Qanuni Madani) and covers several Islamic financial transactions, such as the contract of sale which can be found under articles 1035 to 1123 of the Civil Code1 and the contract of Future Commodity Sale (salam) which is under articles 1124 to 1132 of the Civil Code1. In Afghanistan, while the Islamic finance sector is still in its nascent stage, there is still a growing demand for it. Its potential, therefore, remains untapped. One such Islamic finance instrument that is underutilized is Sukuk (an Arabic term, which denotes a financial instrument similar to the issuance of a bond). While the central bank of Afghanistan has taken the initiative to develop and standardize the Islamic banking sector by issuing guidelines on various Islamic finance contracts that are meant to regulate the activities of Islamic banks, it has yet to issue Sukuk regulations. The main purpose of this paper is to examine the current law on Domestic and Foreign Private Investment in Afghanistan (2005) and to consider the issuance and regulation of Sukuk as part of such investments. It also briefly assesses the Malaysian legislation on Islamic Capital and Sukuk to serve as a guide for Sukuk legislation in Afghanistan. This paper proposes the introduction of new Sukuk provisions and the amendments of existing articles within the current investment law to cover different aspects of Sukuk issuance, structures and investment. This research is the latest effort in developing the Sukuk industry in Afghanistan through Sukuk legislation and serves as a guide for initiating efforts for incorporating provisions related to Sukuk issuance into the current law. The methodology used is purely doctrinal and will make use of examining the law and regulations that are relevant to Sukuk. Keywords: Sukuk, regulations, Afghanistan legal system, Malaysian legislation, Islamic finance, investments

Incorporating Sukuk Provisions into the Law on Domestic and Foreign Private Investment in Afghanistan

The current legal system in Afghanistan provides for commercial and financial dealings through the Civil Code (Qanuni Madani) and covers several Islamic financial transactions, such as the contract of sale which can be found under articles 1035 to 1123 of the Civil Code1 and the contract of Future Commodity Sale (salam) which is under articles 1124 to 1132 of the Civil Code1. In Afghanistan, while the Islamic finance sector is still in its nascent stage, there is still a growing demand for it. Its potential, therefore, remains untapped. One such Islamic finance instrument that is underutilized is Sukuk (an Arabic term, which denotes a financial instrument similar to the issuance of a bond). While the central bank of Afghanistan has taken the initiative to develop and standardize the Islamic banking sector by issuing guidelines on various Islamic finance contracts that are meant to regulate the activities of Islamic banks, it has yet to issue Sukuk regulations. The main purpose of this paper is to examine the current law on Domestic and Foreign Private Investment in Afghanistan (2005) and to consider the issuance and regulation of Sukuk as part of such investments. It also briefly assesses the Malaysian legislation on Islamic Capital and Sukuk to serve as a guide for Sukuk legislation in Afghanistan. This paper proposes the introduction of new Sukuk provisions and the amendments of existing articles within the current investment law to cover different aspects of Sukuk issuance, structures, and investment. This research is the latest effort in developing the Sukuk industry in Afghanistan through Sukuk legislation and serves as a guide for initiating efforts for incorporating provisions related to Sukuk issuance into the current law. The methodology used is purely doctrinal and will make use of examining the law and regulations that are relevant to Sukuk.

FEATURES OF CONCLUSION OF AN AGREEMENT FOR THE PURCHASE AND SALE OF REAL ESTATE IN THE CONDITIONS OF MARITAL STATE IN UKRAINE

The article is devoted to the study of the peculiarities of the operation of the contract of purchase and sale in the conditions of martial law. The general theoretical concept of "sales contract" is considered. Based on the main legal acts of Ukraine, which regulate the activity of this legal document, its main elements are specified: participants, subject and price. It has been established that the issue has a large number of legal doctrines, although there is an interpretation of the content of the contract of sale at the legislative level. During the writing of this article, the understanding of the contract of sale was highlighted both from the theoretical side, in accordance with the scientific literature, and from the practical side – in matters related to the implementation of the consequences of the contract of sale, including relying on the Civil Code of Ukraine. It was found that the main purpose of activity for a natural person-entrepreneur is the implementation of high-quality purchase or sale of a certain product, compliance with the civil rights and obligations of both parties. We emphasize that the main opinions of scientists regarding this thesis were analyzed, taking into account positive and negative aspects. The main properties of entering into civil relations during the conclusion of the contract, which generate consequences in the form of legal confirmation of the document, were determined. In the conditions of a full-scale invasion caused by the aggression of the Russian Federation, the main changes in the implementation of notarial actions regarding real estate have been clarified. It was noted that during the month (from February 2022 to April 2022), the activity of the State Register of Property Rights to immovable property was limited in order to minimize the level of information threats to government websites, in particular, the seizure of the database of Ukrainian citizens by the enemy. It has been found that since April 2022, in places without active hostilities, transactions related to the sale or purchase of immovable property have been resumed with certain legal requirements that must be complied with based on the provisions of the law.Special attention in writing a scientific article is devoted to the basic principles regarding restrictions on the right to buy or sell real estate in the conditions of a full-scale invasion. During the writing of the scientific article, emphasis was placed on customs clearance of the car based on the sales contract. In particular, it is stated that during six months (February 2022-July 2022), the customs clearance of movable property took place without payment of VAT in the form of "zero customs clearance". However, in connection with the adoption of changes to the Tax Code of Ukraine, the tax levy on the purchase of cars was restored. We consider this issue to be debatable, which requires further scientific research. However, the expediency of the adoption of the Petition regarding the cancellation of tax payment to the Armed Forces of Ukraine, other law enforcement and state bodies carrying out the transaction for the good and benefit of the state is indicated.

Sales Contract of Commodity Murabahah Via Tawarruq Arrangemet in Supporting Maqasid of Shariah in Economy

Sales Contract of Commodity Murabahah Via Tawarruq Arrangemet in Supporting Maqasid of Shariah in Economy

Feasibility Analysis Of Financing Subsidized Mortgage Customers at Bank BTN Syariah Makassar Branch

Purpose – The purpose of this research is to analyze of financing subsidized mortgage customers at Bank BTN Syariah Makassar Branch.Methodology/approach – This study uses a qualitative method. They are using a data analysis approach using the 5C+1S principle. Findings – The study results found that Bank BTN Syariah Makassar Branch principle 5C + 1S in conducting customer financing feasibility analysis. Character, Capacity and Collateral are these three points that influence the ongoing financing. Meanwhile, capital and conditions of the economy are only supporting aspects because both of them do not have a significant influence in the process of providing funding, while in Sharia, namely 1 S, more emphasis is placed on the sale and purchase contract, where this Islamic bank prioritizes MUI fatwa decisions and must meet Sharia elements.Novelty/value – the research contribution is to provide analysis of financing subsidized mortgage customers at Bank BTN Syariah with using the 5C+1S principle.

EXCLUSION CLAUSE UNDER MALAYSIAN SALE OF GOODS ACT 1957: AN OBSTACLE TO BUYER’S PROTECTION IN A CONTRACT OF SALE OF GOODS

The mass production and distribution of goods across border demanded the producers to produce goods in large quantities without considering the quality of goods. The low quality of goods on the market will affect the buyers. Hence the existing law is important to protect the buyers when dealing with goods on the market. The Sale of Goods Act 1957 is the principal Act that applies to contracts for the supply of goods in Malaysia. In a contract of supply of goods, implied conditions and warranties are essential to cater to issues relating to the seller’s civil liability for goods. However, the existence of section 62 in the Sale of Goods Act 1957 weakens the protection of buyers under the contract of sale of goods. Section 62 provides for exclusion clause, which has been used widely by the seller as a tool to exclude liability by manipulating the method of drafting a contract. Adopting a doctrinal approach, this article analyses the provision under section 62 of the Sale of Goods Act 1957. The article aims to assess whether the provision is detrimental to the buyer. It is submitted the present section 62 Sale of Goods Act 1957 is detrimental to the buyer. Thus, the provision needs to be repealed to protect the buyers when dealing with sellers in the market.

Manajemen Pengelolaan Properti Syariah pada PT. Khansa Property Syariah Perspektif Fikih Muamalah

This study aims to know and understand management and the application of sharia property contracts at PT. Khansa Properti Syariah in the perspective of fiqh muamalah. This research is a qualitative field research using a normative juridical approach. Data collection methods used in this study were interviews and documentation. The results of the study show that in management there are three stages, namely planning or marketing, launching or during marketing, and post-marketing. PT. Khansa Property Syariah pays great attention to location determination, pricing, building quality, services, buying and selling transactions, promotional media, and the Islamic environment. The practice of applying the contract of sale and purchase of property by PT. Khansa Property Syariah uses the bay' istiṣnā` contract in the sale and purchase transaction of the property in accordance with the muamalah fiqh perspective because the buyer has the right to discuss the contents of the contract but within the limits given by PT. Khansa Property Sharia. Likewise, management and marketing have fulfilled the terms of sale and purchase and do not conflict with Islamic law according to the perspective of muamalah fiqh. The implications of this research for PT. Hopefully Khansa Properti Syariah in the future will always implement the implementation of buying and selling according to Islamic law. In carrying out the property business, the company should also have large capital even without involving a bank, so that buyers do not have to wait long for their houses to be built.

Notes on Documentary Papyri: P.Ryl. II 252, SB XIV 11868, P.Tebt.Pad. I 15, and PUG III 115

Abstract Notes on the text and interpretation of four Ptolemaic documentary papyri: the contract of sale P.Ryl. II 252, the petition P.Tebt.Pad. I 15, and the two naukleros-receipts SB XIV 11868 and PUG III 115.

Provisions for Earning and Profiting from Social Media

Because of the spread of social media applications, such as Facebook, YouTube, TikTok, and others, people have accepted them, and have taken them as a means of material gain, so that they have become one of their sources of livelihood that they accept, and since these applications for social communication are contemporary nuances, this research tagged with (provisions of earning and profiting from social media) to introduce these applications and to indicate the legal provisions for earning and profiting through them. The researchers have used the descriptive approach, the deductive approach, and the historical approach in this research. The research has included a set of findings and recommendations, the most important of which are: that the gain and profitability through social media enters into the contracts of sale and rent, and that the origin in the use of social media is permissibility; because the origin in things is permission until there is evidence that indicates their prohibition. The use of social media takes into account compliance with Sharia rulings, in terms of consideration, listening and dealing with others, and one of the most important recommendations: recommending to the gainers through social media to adhere to the provisions of Islamic law in earning and profiting.

Satellite Launch and Production Services and Arbitration in the Chinese Private Sector

China has grown to become one of the largest producers and launchers of rockets and satellites in recent years. Both Chinese private companies and state-owned enterprises (SOEs) are in this sector, and there are reports of satellite launch and sale contracts being signed between Chinese and foreign parties. Over the past decade, South Korea, India, the United States, France and other countries have had experience with very large arbitration claims being made arising from satellite contracts. Chinese companies have not yet had such arbitrations, but they may in the future. What likely issues might such arbitrations involve? This article examines. Arbitration, commercial space contracts, satellites, launch services, production services, China, Belt and Road

CHARACTERISTICS OF WAKALAH CONTRACT IN FINANCING WITH MURABAHAH CONTRACT

Act Number 21 of 2008 about Islamic Banking regulates that one of the businesses of Islamic commercial banks is to channel financing under a murabahah contract. Fatwa of the National Sharia Council – MUI No. 04/DSN-MUI/IV/2000 concerning Murabahah regulates the mechanism for granting authorization to customers by banks, to purchase goods from third parties and the murabahah sale and purchase contract must be carried out after the goods, in principle, become the property of the bank. The purpose of this study is to understand, describe, and find the suitability of the characteristic mechanism in financing with murabahah contracts with Fatwa and the provisions of Islamic bank regulators. This research method is normative juridical with a statutory and comparative approach. The research methodology used is doctrinal legal research. Doctrinal legal research is the study of legal rules, principles, concepts or doctrines. In this study, it was found that the characteristics of wakalah contracts in murabahah financing are as a means of granting power of attorney to purchase murabahah objects by customers as proxies from the bank, to then be handed back to the bank and then sold to customers under a murabahah contract.