Contract Of Sale Research Articles

Praktik Jual Beli Tanpa Akad

Buying and selling is one form of relationship between human beings. There are various procedures, laws and buying and selling rules in Islam that have been regulated. One of the rules of buying and selling in Islam which until now has rarely been practiced in society, namely regarding the process of buying and selling without a sale and purchase contract. This study aims to find out whether or not the practice of buying and selling without a contract is legal. This study uses a literature review method by collecting and reviewing sources related to the discussion in this study. The results of this study can be concluded that the process of buying and selling without a contract is legalized by some scholars, considering that this has become a community habit

구조상, 이용상 독립성이 없는 구분건물의 인도청구에 대한 최근 대법원판결의 분석

「Act on Ownership and Management of Condominium Buildings」(hereinafter referred to as “The Condominium Buildings Act”) and the related decisions are on the way to completing the unified rules for condominium buildings through several revisions, however, the current status of use of the actual transaction system has led to cases that require flexible operation of legal principles related to the Condominium Buildings Act.
 As one of such cases, significant issues are the recent decisions of Korean Supreme Court regarding the claim for delivery of sectional buildings without independence in structure and use, which are: Supreme Court Decision 2015Da3471 Delivered on March 27, 2018 and Supreme Court Decision 2021Da220666 Delivered on June 24, 2021.
 In Decision 2015Da3471, the Supreme Court developed a discussion based on the existing rules of the Condominium Buildings Act and the related Supreme Court decisions, which were easing independence in structure and use, while combining these judgments with the rules of limiting the exercise of the rights of obligees against holders of rights. Such a conclusion was a realistic solution reflecting the characteristics of the specific case, and although the rationale was not sufficiently mentioned, it can be evaluated as persuasive in light of the existing legal principles.
 In Decision 2021Da220666, the Supreme Court deepened the existing legal principle of Supreme Court Decision 2012Da105 Delivered on May 24, 2012 specifically, regarding the specification of the object of sale when the actual use status and the registration of the condominium buildings ledger etc. were different in the contract for sale of the sectioned store of the commercial building. That decision can be evaluated as a meaningful one in that it was a decision of the Supreme Court that was judging specific cases in which special circumstances in which the object of sale should be specified according to the actual status of use, rather than the registration of the buildings ledger, etc..

해제로 인한 원상회복에서의 원물반환 불능의 효과

In social life, it is not uncommon for contracts of sale to be canceled. This includes contract cancellation, such as contract cancellation or cancellation pursuant to Article 565, or statutory cancellation due to delay in performance or inability to perform. At this time, the prevailing view and the Supreme Court regard the relationship of restoration to original state due to cancellation as the relationship of return of unjust enrichment, which is related to legal claims, and apply the provisions on the return of unjust enrichment unless there are special provisions such as Article 548 regarding restoration to original state. However, there are still many issues that remain unresolved here. One of such issues is the issue of liability for damages and risk bearing due to the impossibility of returning the original goods in the restoration of the original state due to cancellation, and the rightt of vicarious compensation Through this article, we will discuss the subject and scope of the obligation to return the original property and value in restoration of the original condition due to the cancellation of the sales contract, the right to make a claim for damages and the right to claim compensation for damages (Article 390) due to the impossibility of returning the original property, and the risk bearing problem. I looked. In particular, although there is no express provision in the Civil Act, the dominant view and the right to claim the subject recognized by the Supreme Court are not only recognized in the case of inability to pay (impossibility to perform), etc. I knew that it could be accepted in any case. And apart from the liability for damages caused by default on the basis of the default that caused the statutory release, if the recipient's intention or negligence is recognized for the impossibility of returning the original state due to the release, the recipient also claims to the beneficiary at this time. It was also confirmed that it could bear the liability for damages under Article 390. For example, if the buyer, who is the recipient who is to deliver (return) the object to its original condition after the contract is canceled due to the buyer's delay in paying the price, loses the object by negligence, Since the recipient, obligated to return the object, violated the duty of care of a good manager in keeping the object and destroyed the object, he is liable for damages caused by the non-fulfillment of obligations. Compensation is caused by non-fulfillment of contractual obligations, and compensation for damages due to inability to return original goods in restoration to original state due to cancellation is caused by non-fulfillment of statutory obligations, which is the obligation to restore the original state. In addition, regarding Article 553, which stipulates the special cause of extinction of the right of rescission, the prevailing opinion affirms the application of Article 553 even before the right of rescission occurs, but it is difficult to agree with the above view because the extinguishment can only be discussed after the right of rescission has occurred. It is hoped that this article will be of some help in understanding the nature and effect of the obligation to restore the original state due to cancellation.

The contract as the ground for the emergence of rights and obligations regarding restricted turnover objects in civil trade

Contractual obligations that arise in relation to restricted turnover objects have recently become widespread in practice, which is due to rapid social development. Despite this, the specifics of the procedure for concluding, changing or terminating such transactions have not been clearly defined at the legislative level. In addition, the peculiarities of the contractual alienation or transfer of objects restricted in turnover have remained poorly studied by the scientific community.The importance of a civil legal contract as one of the main regulators of private law relations is difficult to overestimate. Thanks to the possibility to enter into contracts fixed at the legislative level, subjects of civil law are able not only to establish, change or terminate their civil rights and obligations, but also to involve in civil trade various objects of civil law, including those that have been limited in turnover.The national legislator allows the use of contractual constructions of various kinds to ensure the turnover of objects of civil rights. This has been directly indicated by the content of Art. 178 of the Civil Code of Ukraine. Its systematic analysis has proved that objects restricted in turnover can be alienated, that is, they can be transferred from the ownership of one person to another with the help of contracts of sale, donation, exchange, etc.The contract is one of the main legal means of attracting restricted turnover objects of civil rights to trade. The legislator envisages the possibility of subjects of obligation law to use various types of contracts to settle legal relations that arise in relation to restricted objects. The influence of the studied objects on the principle of freedom of contract can’t be denied. It manifests itself in limiting the range of subjects of contractual obligations, the terms of existence of contractual relations, the possibility of choosing the type of contract that will mediate the mutual rights and obligations of the parties, etc.

Overriding Mandatory Rules Applicable to International Sales of Goods: Evidence from South Africa

In private international law of contract, the law regulating the rights and obligations of contracting parties may (whether objectively determined or chosen by the parties), in some instances, be limited by either public policy considerations or other relevant mandatory rules. In this regard, the public policy and the overriding mandatory rules of three places – that of the forum state, the applicable law (if different from the lex fori) and the law of the place of performance (or a third state with relevant connection to the contract) – have been considered by both jurists and scholars as being important. However, this article is limited to matters concerning choice of law rules on overriding mandatory provisions (but not public policy considerations). This article assesses the various private international law rules utilised by the South African courts in ascertaining which overriding mandatory provisions must apply to international contracts for the sale of goods. The aim is to adopt a general private international law of contract rule that effectively addresses the difficulty in determining the state, whose overriding mandatory provisions may legitimately claim application over certain relevant issues in international sales contracts. To this end, the article considers the general application of the overriding mandatory rules of the forum and that of the applicable law state (lex causae) to determine if these laws may legitimately by applied to contracts as it is practiced by some courts. Thereafter, the article considers the application of the overriding mandatory rules of the place of performance (locus solutionis) or other relevant third states and demonstrate that it is the overriding mandatory provisions of “a relevant state” that may legitimately derogate the application of certain provisions of the proper law of an international contract.

Penyelesaian Pembatalan Akad Istishna’ Pada Jual Beli Bibit Hortikultura di Desa Pranggang Kecamatan Plosoklaten Kabupaten Kediri Perspektif Kompilasi Hukum Ekonomi Syariah

This study aims to describe the practice, causes and resolution of the cancellation of the Istiṣnā’ contract in the sale and purchase of horticultural seeds in Pranggang Village, Plosoklaten District, Kediri Regency. Istiṣnā’ contract cancellation was experienced by almost 50% of the sellers out of a total of 48 sellers there. This study uses field research with the type of research that is a case study. The research method uses descriptive qualitative research. The collecting data using the method of observation, interviews and observations. The results of this study are; 1) The practice of the Istiṣnā’ contract on the buying and selling of horticultural plant seeds in Pranggang Village has fulfilled the pillars and conditions of the Istiṣnā’ contract so that the practice of the contract is punished as a valid sale and purchase contract; 2) The factor of cancelling the Istiṣnā’ contract on the sale and purchase of horticultural seeds in Pranggang Village is due to default and overmatch factors; 3) Completion of cancelling the Istiṣnā’ contract on the sale and purchase of horticultural seeds in Pranggang Village is divided into two. That is unilateral cancellation by paying compensation (down payment (DP) is non-refundable) and cancellation on the willingness of both parties (DP is refundable). The completion of the cancellation of the Istishna contract on the sale and purchase of horticultural plant seeds in Pranggang Village, Plosoklaten District, Kediri Regency is in accordance with the settlement according to the Sharia Economic Law Compilation.

Online Buying and Buying Regulation Based on Law Number 8 Year 1999 Concerning Consumer Protection and Law Number 19 Year 2016 Regarding Amendment to Law Number 11 Year 2008 Concerning Electronic Information and Transactions

This study aims to analyze the online trading arrangements based on Law Number 8 of 1999 concerning consumer protection and Law Number 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning electronic information and transactions. The study used a normative juridical approach. The results show that legal protection for online shopping consumers can be provided in terms of legal certainty as stipulated in the laws and regulations governing online shopping, namely Law Number 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Electronic Transaction Information in conjunction with Law No. 8 of 1999 concerning Consumer Protection. The existence of an electronic contract, as regulated in Article 18 (1) of the ITE Law, is recognized and has the same position as a conventional sale and purchase contract. Through electronic contracts, consumers can sue business actors if a dispute arises due to the electronic transaction.

MEKANISME PENYALURAN PEMBIAYAAN MURABAHAH PADA MASYARAKAT PEDESAAN DI UNIT PENGELOLA KEGIATAN SYARIAH MANDIRI KECAMATAN SELAKAU

The Activity Management Unit is an institution engaged in channeling financing to people who need capital to run their business. The Activity management unit applies sharia principles with a buying and selling system using a Murabahah contract. Murabahah contract is a sale and purchase contract of an item plus an agreed margin. Here the Activity Management Unit buys goods needed by customers from Suppliers and then sells them back to customers with additional profits according to the agreement. This study uses a descriptive qualitative research type, which only describes situations and events originating from interviews, observations, and documentation on the Mechanism of Distribution of Murabahah Financing in Rural Communities in the Syariah Mandiri Activity Management Unit (UPK) Selakau District. The results of this study show that the Mechanism for Distribution of Murabahah Financing to Rural Communities in the Mandiri Syariah Activity Management Unit (UPK) in Selakau District is in accordance with its application, especially the contract used, namely the Murabahah contract which is in accordance with DSN Fatwa No.04/DSN-MUI/IV/2000 which states that the bank buys goods needed by the customer on behalf of the bank itself and this purchase must be lawful and free of usury

Praktik Peralihan Akad Gadai Ke Jual Beli Dalam Tinjauan Fiqh Muamalah (Studi Kasus Di Desa Gunung Rejo Kecamatan Way Ratai Kabupaten Pesawaran)

The purpose of the study was to find out the Practice of Transferring Pawn Contracts for Sale and Purchase in Gunung Rejo Village, Way Ratai District, Pesawaran Regency. In addition, the study examines the review of Fiqh Muamalah on such Implementation. The type of research used is field research with a qualitative approach. Data collection was conducted through documentation and interviews with pawnshop (rahin) and pawn taker (murtahin). The results of this study indicate that the rahin cannot repay the debt he borrowed, then rahin offers collateral to murtahin with the aim of selling it. But in this case, the selling price is determined by the murtahin which causes the sale and purchase price of the land to be much lower than the actual price in the village. The transition from a pawning contract to buying and selling is not in accordance with the rules of Islamic law, because it does not meet the requirements stipulated in the Fatwa of the National Sharia Council No.25/DSN-MUI/III/2002 or Fiqh Muamalah. If the pawnshop (rahin) cannot repay the loan, the collateral is sold through auction or offered to a third party. Keywords: Fiqh Muamalah, Pawn, Sale and Purchase

The Implementation Of The 'Urf And Its Implications On The Determination Of Contemporary Sharia Economic Law

Business activities in the free market in the globalization era present a unique challenge for legal practitioners who actively carry out ijtihad to generate thoughts on shari'ah economic law. These efforts seek to reconstruct economic law principles, actualize, and contextualize various contemporary shari'ah economic law cases, such as online sale and purchase contracts ('aqd bai' al-salm), online transactions of sale and purchase contracts without pronouncing sigat al-'aqd, and others. Contract transactions like this have become a tradition and a necessity for the corporate sector in the modern day. From here, an academic challenge develops, namely, how to explain various legal problems that continue to occur regarding Shari'ah economic law and the legal istinbat process. Using 'urf as an ijtihad method in extracting law to establish law in contemporary shari'ah economic law cases is one of the various solutions.Keywords: 'urf application, implications, and shari'ah economic case.

Procedures for Requesting Permission to Own Property for Non-Jordanian Foreigners

In this study, the researcher obtained the procedures for requesting permission to own property for non-Jordanian foreigners, followed by referring to the request for permission to own property for foreigners, as its articles were specified in the Jordanian legislation, especially Article (136) of it The required procedures, on top of which is the request for permission, which is submitted to the competent authorities, and accordingly, the researcher dealt with the position of comparative legislation from foreign ownership of real estate and the authenticity of the registration of real estate sale contracts in the transfer of ownership, and the researcher concluded his study with a set of recommendations and results.

Buying and Selling Online from an Islamic Legal Poin of View

Many people, especially those who purchase and sell online, expect convenience and profit. This is because many people have discovered that buying and selling online may be just as dangerous as being subjected to scam. The goal of this research is to examine the practice of buying and selling online from the standpoint of Islamic law. This is a library research project, and the data used is secondary data from various literatures. A qualitative descriptive method is used to assess the acquired data. The findings show that Islam is a religion that helps to safeguard humanity because the norms of buying and selling are confirmed in the Al-Quran and Hadith. This is done so that humans are not enslaved by today's widespread greed and dishonesty. Online purchasing and selling transactions that follow Islamic law standards would provide progress and peace to society and the country. Buying and selling online is allowed and legitimate under Islamic law, as long as it does not include components that can harm it, such as usury, tyranny, fraud, coercion, and fraud, and satisfies the pillars and conditions of the sale and buy contract.

Tinjauan Hukum Islam terhadap Pinjaman Shopeepaylater

<p>With the rapid development of technology, an application for online shopping (marketplace) was born. One of the largest in Indonesia is the Shopee marketplace. In the Shopee application there is a payment feature that can be made in stages, known as Spaylater. In this study, the theory used is the sale and purchase contract, loan contract, hiwalah contract and usury. This research uses the type of field research or field studies using a qualitative approach. This research was conducted on the Shopee application, where in the Shopee application there is an online loan feature called Spaylater. This feature makes it easy for users to make transactions, because Spaylater itself offers bailouts for users who want to transact but do not have cash. Then the researchers used primary data obtained from interviews with informants in accordance with the research problem. While secondary data, researchers obtained from books, journals, articles from the internet, DSN-MUI Fatwa and theories related to Islamic law. Then for the data collection method using observation, interviews and documentation. The results of this study indicate that if the activation of the Spaylater user is successful, the user can use the limit that has been given. Then regarding the view of Islamic law, looking at Spaylater, namely in the Spaylater mechanism there are conditions for contracts that are not fulfilled in Spaylater. Because in it there is a late fee given by the Spaylater, this late penalty is included in usury jahiliyah. Therefore the practice of Spaylater is not allowed in Islam because it contains elements of usury.</p>

The value of the market price in contracts of sale: an analysis

Every rule should be valuable to the law. More so if the rule affects the commercial interest of society. A rule may be adopted or formulated to regulate commercial transactions, particularly to support the efficiency of the market. The market price rule is formulated to measure the degree of damages a contract defaulter should pay. The rule should indeed be applied consistently and reasonably to avoid uncertainty and unfairness. It follows that the market value as a rule and measure of commercial liability should not escape analysis to determine its limitations and value in contracts of sale. Thus, this article aims to provide a thorough discourse on the market price rule and how it should be applied in contracts of sale. The purpose of this article is to provide a comprehensive exposition of what informs the market price and how the market price affects the determination of damages in contracts of sale.

Pravni i ekonomski aspekti kršenja međunarodnih sporazuma o prodaji robe i usluga

Sales have achieved huge dimensions worldwide under the current business environment brought about by the processes of globalization, deregulation, and liberalization. Sales contracts are crucial in today's global trade because of these factors. The spectrum of commodities that are the subject of commercial transactions and, by extension, agreements has greatly expanded as a result of the growth of industry, the economy, and multinational and transnational corporations. Sales contracts have distinct collision standards, quandaries, and treatments in addition to their consequences on the economy and law. Given the importance of pricing in all economic domains and the vast scope of international trade, sales contracts hold great relevance in today's international commerce. The range of goods subject to commercial transactions has expanded significantly with the growth of industry, the economy, and multinational and transnational corporations. The sales contract has implications for the economy and law, and its fundamental components have been treated differently in legal science. The growth and development of all company activities have been facilitated by the existence of international legal regulation.

О некоторых особенностях, связанных с приобретением права собственности на недвижимое имущество

The purpose of the study is to consider controversial positions existing in the law enforcement practice of the Supreme Court of the Russian Federation and related to registration actions for the transfer of ownership of vend in the Federal Service of State Registration, Cadastre and Cartography. Research objectives: to determine the necessity of state registration of the transfer of ownership, to identify the main ways to protect the rights of a bona fide acquirer of vend, to study the features of the division of real estate of spouses. General scientific methods (dialectical, logical, systematic), private scientific methods (historical, statistical, sociological), as well as special legal (comparative legal, formal legal) were used. The actual circumstances taken into account by the courts in disputes over the rights to real estate are indicated. It is noted that in the current legislation there are no clear criteria for classifying property vend. The ways of protecting the right of a bona fide buyer are considered, including confirmation of the actual transfer of the apartment under the contract of sale and obtaining the consent of the second spouse when concluding a preliminary contract of sale on the seller’s side. Such subjects of legal relations as spouses have been studied, since when dividing the joint acquired property, the question of determining the share in the ownership of vend is most acute. It is noted that the fact of registration is not always an unconditional basis for the emergence of ownership of vend.

Research on the Legal Effect of Guarantee in the Contract of Sale with Guarantee

As a kind of guarantee, conciliation guarantee has its own advantages and is often used in social civil activities. However, as an atypical guarantee, its effectiveness has been controversial. In judicial practice, the assignment guarantee contract is often presented in the appearance of a different name, that is, the transaction mode of "called transaction, but in fact loan" appears. There are two contracts involved in such a transaction mode, namely the loan contract and the sale contract. As a creditor's right contract, loan contract has the effect of confirming creditor's right. However, there are different academic views and practice cases on the validity of sales contract, so how to view the validity of sales contract itself will become the focus of research. Along with the promulgation of relevant normative legal documents, such as "Nine People's Records" and "Civil Code", the guarantee system becomes more and more clear, and the consensus is reached on the effect of guarantee.

Regspraak: Huweliksgoedereregtelike bedeling lukraak terugwerkend gewysig én die betrokkenes se handelingsbevoegdheid só verminder?

Legal certainty will be severely jeopardised should it be possible at whim to proclaim the applicable matrimonial property regime governing spouses’ assets and liabilities to have been changed retroactively. The legislature prescribed clearly defined prerequisites to be met before any change regarding a couple’s matrimonial property regime can be sanctioned by the high court and then only for the future, but never with retrospective force. Under the dualistic systems that apply in South Africa since 1652 it has always been recognised that individuals living according to customary or indigenous law may by default govern their matrimonial property regimes and the law of husband and wife according to the applicable norms of indigenous law. By default these marriages were out of community of property although a couple could agree to change the default position and have their consensus in this regard registered. The couple M was married according to customary law in the erstwhile Eastern Cape in 1980 and the marriage was never registered. The default position should accordingly govern the matrimonial property regime of the couple resulting in no community of property and no accrual system. The husband’s legal capacity and competencies were consequently not restricted by the qualifications contained in section 15 of the Matrimonial Property Act 88 of 1984 because that chapter of the act was not applicable to a customary marriage concluded in 1980 and which is by default out of community of property. When the husband as registered sole owner in 2010 entered into a valid sale agreement to transfer his immovable property on the Cape Flats to the first respondent nothing hampered or restricted the parties’ capacity to enter into the applicable obligatory or real agreements. The property was subsequently validly transferred in the Deeds Register to the purchaser. The plaintiff’s claim as widow of the seller who since passed away, to have the property “retransferred” into her name because the sale and transfer was allegedly in contravention of section 15 of Act 88 of 1984, is unconvincing although the court held otherwise. The crux of the matter is not whether the first respondent should be safeguarded against the consequences of an alleged invalid agreement by the husband who acted without the involvement of his wife in 2010 by a reliance on section 15(9)(a) of that act. The emphasis should have been on how the alleged amendment of section 7(2) of Act 120 of 1998 in June 2021 could be deemed to apply retrospectively after the sale and transfer had validly been concluded for eleven years before the poorly formulated amendment of the act became law in June 2021. A contract of sale that was validly concluded cannot retrospectively become invalid because the legislature changed the requirements for the type of contract more than a decade later. The court’s point of departure for its judgment is, however, that the deceased was married in community of property: “The Recognition of Customary Marriages Amendment Act 1 of 2021, which came into operation on 1 June 2021, among others, amended section 7 of the RCMA that all marriages, which were entered into before or after the enactment of the RCMA, are regarded as in community of property unless such consequences are specifically excluded by the spouses in an antenuptial contract” (par 20). This, notwithstanding the clear legal position regarding the default matrimonial property regime for all indigenous marriages concluded before the commencement of Act 120 of 1998: out of community of property. The legislature was supposed to adhere to the decision of the constitutional court in 2017 in Ramuhovhi v President of the Republic of South Africa (2018 2 SA 1 (CC)) to amend section 7(1) of Act 120 of 1998 with regard to polygamous marriages and not to alter the legal position regarding monogamous marriages that were governed without any found negative consequences by section 7(2) of that act. Although the legislature neglected to explicitly declare that this amendment of section 7(2) should have no impact retrospectively, the implications of this poorly conceived judgment will necessitate a re-opening of all the millions of estates of people who have been married according to a customary marriage since 1652 because all those marriages will now be deemed to have been in community of property with the consequential implications for the distribution of all assets of the spouses involved with the dissolution of the marriages after the demise of the dying spouse. The legislature would have caused less harm if it read with comprehension the clear order of the constitutional court: “In terms of s 172(1)(b) of the Constitution, this order does not invalidate a winding up of a deceased estate that has been finalised or the transfer of marital property that has been effected.”

“In perpetuum” in the Context of the Law of Medieval Cities in Northern Italy

The term “in perpetuum”, or “perpetuo”, meaning “forever”, “continuously”, “constantly”, passes into the practice of medieval Italian cities from Roman law, which had an undeniable influence on the law of the Middle Ages. It seems, however, that in the notarial acts of Northern Italy of the 12th — 14th centuries. This term, most often found in contracts of sale, is used in a special sense and has a special meaning. When analyzing purchase and sale agreements, it is important to determine which rights to the acquired property are granted to the buyer by such contracts, called “venditio — sale” by their notaries. The study of the acts shows that the presence of “in perpetuum” in them indicates that the property has been transferred on the rights of ownership. On the contrary, contracts that have the self-designation “venditio”, but do not include “in perpetuum” in their composition, grant the buyer lesser, limited rights. Thus, the presence or absence of the category “in perpetuum” in the document is of practical importance for the study of medieval act material, in particular, for its attribution.

Contracts for the Sale of Goods: Passing of Property in Goods Under the Law of the United Kingdom and Ghana

A contract for the sale of goods is the most commonly used transaction domestically and at international level. Regardless of its relevance, there has been a wide variation in the concept of “sale” has existed in the course of legal history across the various legal systems of the world. Although a sales transaction may be rightly described as the most universal transaction, it is pertinent to point out that there is very little agreement on one of the transaction’s most fundamental incidents, which is the “passing of property”. In most legal systems, aside from the generally established rule on when the property in goods may pass from a buyer to a seller, property in goods can also pass at any time depending on the circumstances or terms of the relevant contract. Despite the above proposition, it is important for all persons who engage in a sale transaction to have an understanding as to when the property in the goods that they intend to purchase or that they have purchased passes from the seller to them. This article primarily focuses on when property passes in a sale contract in the legal systems of the UK and Ghana. This is relevant because when a buyer enters a sale contract, it is the property in the goods that they bargain for and not the use or mere possession or any other aspect of ownership.