Contract Of Sale Research Articles

Is Land Really Unique?: Revisiting Specific Performance as the Default Remedy for Land Sale Contracts in New Zealand

The argument put forth in this article is that land sale contracts, unless proven to possess unique characteristics, are not inherently different from other types of contracts. The article proposes a shift from treating specific performance as the default remedy for enforcing land sale contracts. Instead, the remedy of specific performance should be considered applicable only in exceptional situations, as is the case for contracts generally. The article also addresses the nature of damages in lieu of specific performance and suggests a reconsideration of how that remedy applies to land sale contracts.

Goods International Sale Contracts Challenges in Saudi Arabia in Light of the Kingdom's Accession to the United Nations Convention on Contracts of International Sale of Goods (CISG)

Goods International Sale Contracts Challenges in Saudi Arabia in Light of the Kingdom's Accession to the United Nations Convention on Contracts of International Sale of Goods (CISG)

Aktivitas Sukuk Ijarah Rasulullah, Masa Khulafa Ar-Rasyidin Masa Dinasti Umayyah pada Masa Dinasti Abbasiyyah

Sukuk is a long-term security based on sharia issued by the issuer to sharia loan holders, which requires the issuer to pay the sharia loan holder's income in the form of profit sharing/margin/premium and repayment of interest funds at maturity. This statement is the definition of sharia bonds according to the National Sharia Council (DSN) No.32/DSNMUI/IX/2002. In Indonesia, according to the fatwa issued by the National Sharia Council, one of the types of sukuk is ijárah sukuk. Ijárah sukuk is financing that uses the ijárah contract system, or securities containing financial contracts based on sharia principles, which are issued by the issuing corporation, government or other institutions which require the sukuk issuer to pay a certain amount of compensation to the sukuk owner.rent out property and pay off family fixed assets on time. There are three parties involved in the sukuk ijárah contract. These contracts are investment contracts, namely between investors (sukuk holders) and special purpose vehicles (SPV) or collective investment contracts, sale and purchase contracts between SPV/KIK and suppliers or sellers of assets (goods), and lease contracts (ijárah) or sale and purchase contract. purchase between SPV/KIK and company or property tenants. Issuing sukuk in the capital market requires preparation for sukuk issuance.

Akad dan Peranannya Dalam Transaksi

Akad is a statement of intention and will of both parties or more for a muamalah activity such as buying and selling, leasing, representation or pawn with the aim of establishing the pleasure of both parties and causing legal consequences on the object of the contract. An agreement is defined as an agreement between two or more parties involving the exchange of property or services, and in which the parties mutually agree on certain terms. Akad can include various types of agreements, ranging from buying and selling, loans, leases, to business cooperation. Akad can also be in the form of a transaction or agreement between someone (who submits) and another person (who receives) for the implementation of an act, such as a sale and purchase contract, a lease contract, and a marriage contract

The Bureaucratic Route of the Real Estate Sale Contracts

This article comes to answer one of the most common questions we have from clients in the notarial practice: "What documents are required?". Although there are no two contracts alike, just as there are no two people alike, we can say that there is a general framework that is adapted to each situation. We will present what are the stages and the bureaucratic process that the seller and buyer go through in a real estate contract, but also what documents are required and what each of them is used for. The article is structured according to three moments in the authentication process: the procedures prior to authentication, those concurrent with authentication, and those after authentication. Of course, it is up to the notary the instruments the procedure if he considers that, in addition to those presented, other documents are needed to clarify the situation of a building. We will see that, although this bureaucratic route may seem cumbersome and sometimes even boring, it is important for the safety of the non-contentious civil circuit.

Judged by Their Deeds: Outcomes for Properties Acquired by Contract Sellers Following the Foreclosure Crisis in Detroit

Prior research has documented the reemergence of predatory land contracts in majority-Black neighborhoods in the wake of the foreclosure crisis. Though land contracts facilitate property transfers involving lower-value properties and credit-constrained households, they are less regulated and often include risky terms. This paper investigates outcomes associated with properties sold using land contracts signed between 2008 and 2015 in Detroit, leveraging real estate transaction, tax foreclosure, and eviction and land contract forfeiture records. We also assess outcomes for the broader portfolio of properties purchased by large contract sellers. We find that sales by large contract sellers are generally associated with higher odds of near-term failure. We also find that investors using contract sales withheld property taxes on much of their inventory, consistent with a short-term triage-based business strategy. Conversely, the single large non-profit contract seller in our study had a far higher rate of success compared to all other contract sales. These results provide evidence of negative outcomes for sales initiated by problematic entities and supports arguments for stronger regulation of land contracts and upstream interventions to prevent predatory investors from acquiring discounted homes from public and institutional sources.

Contractual Limitations of Liability and their Impact on Tort Claims

Abstract By concluding a contract, parties intend to allocate the contractual risk between them. This means that parties must anticipate any future adverse result and determine whether a party will have to cover any loss incurred by the other party as a result of performance or, more often, bad performance. In sales contracts, for example, parties may decide to exclude any liability for defects of goods, especially when selling used goods or for other reasons, or at least to limit liability for some defects or to limit types of possible claims. Similarly, in mergers and acquisitions, parties very strictly determine what is known by the seller in a disclosure letter and give the buyer access to some information in a data room prior to the conclusion of the contract to limit liability to the unknown and the non-disclosed. CA Hill/BJM Quinn/SD Sollomon, Mergers and Acquisitions, Law, Theory, and Practice (2019) 372–403; R Tschäni/H-J Diem/M Wolf (eds), M&A-Transaktionen nach Schweizer Recht (3rd edn 2021) 209–215 (paras 420–431); O Duys/K Henrich in: W Hölters (ed), Handbuch Unternehmenskauf (8th edn 2015) ch 16, paras 16.108–16.116. For each party, much of contractual drafting boils down to limiting risk to the greatest extent possible, or at least to ensure compensation for any risk incurred. If parties are on an equal footing, this may lead to an equitable allocation of risk and a balanced contractual liability regime. Contractual limitations of liability are, therefore, part of this process of adequate allocation of risks. In this contribution, I will briefly address three issues. First, I will look at which principles are applicable to the validity of limitations of contractual liability (I) and then determine to what extent these principles apply to tort claims (II). This will finally lead me to determine whether the Principles of European Tort Law (PETL) need to be supplemented by a further rule dealing with the validity of contractual clauses limiting liability in tort (III).

The right to avoid the international sale of goods contract: Comparison of Viet Nam to CISG and PICC

Foreign trade is an indispensable activity in the globalization era. Researching the liabilities of parties in performing the sale contracts and the avoidance right of parties in the contracts is a vital issue. Therefore, this article compared Vietnamese Commercial Law 2005 with the United Nations Convention for the International Sale of Goods (CISG) and Principles of International Commercial Contracts (PICC) regarding the avoidance of sale contracts, including the three aspects, fundamental breach, failure in performance obligations of contract at the end of adding time, and anticipatory breach. The findings not only enable Vietnamese merchants to master international rules in establishing foreign trading but also show differences and similarities between Vietnamese law and international rules. By doing that, this article puts forward some implications for rebuilding the definition of “fundamental breach” in Vietnamese commercial law. Also, this paper suggested that the avoidance clause of the Vietnamese law should include the claim to terminate the agreement of the innocent party due to the non-performance party’s failure to fulfill contractual duties at the end of adding time, and the other party will be constituted an “anticipatory breach”.

Subject of contract on supply of electricity while connecting to the distribution network

It is indicated that the subject of a civil contract is an essential condition for its conclusion. The definition of the concept and legal regime of the object of the contractual relationship is of decisive importance for the application of the provisions of the relevant legislation. In this context, it is necessary to find out the legal nature and characteristics of the subject of the contract on the supply of electricity through the connected network. This will contribute to streamlining law enforcement practice and theoretical positions on the understanding of electricity as an object of civil rights.
 The content of a civil law contract consists of conditions defined by law or necessary for contracts of this type, as well as other conditions agreed by the parties. Among others, an essential condition is the subject of the contract. Electricity as an object of civil law has a property (commodity) nature. However, the specificity of electrical energy as a commodity with a special legal regime does not allow applying to its turnover the traditional mechanisms of legal regulation characteristic of a sales contract.
 The subject of the contract for the supply of electricity through the connected network consists of two independent objects of civil rights: the activity of generating electricity for the purpose of its transmission to the consumer and the actual electric current of these objects is not possible within the definition of the subject of the contract of sale. The concept of "goods” in the legislation on the supply of electric energy through the connected network should be understood as an economic category. Legal form of economic civil turnover. The application of the relevant legislation depends on the characteristics of the subject of a specific civil contract, which is a legal form of mediating the dynamics of civil relations. Therefore, under the conditions of the recodification of the Civil Code of Ukraine, it is necessary to single out individual contractual forms of supply of energy resources through the connected network, taking into account the peculiarities of the substantive features of their legal and material nature, with reference to special legislation, which is the direct source base for the regulation of the commented relations.

Guarantee of Hidden Defects in the Sale in the Jordanian Civil Law

This research aims to study the topic (guarantee of the hidden defect in the sale in Jordanian civil law), which is an important and worthy research topic that has not received sufficient attention in the civil law literature. There is no doubt that the sale contract is one of the most common and used contracts in daily life in all countries of the world. The sale contract is also considered the only contract that a person concludes daily and even a number of times per day. This contract is the basis for the exchange of funds and the link between production on the one hand and consumption on the other. Hence, the Jordanian legislator has dealt with the provisions of guaranteeing hidden defects in Articles (512-521) of the Jordanian Civil Code to achieve stability in financial transactions and cultivate confidence and trade exchange. The study of this research was divided into two main sections: the first section deals with the nature of the hidden defect and the conditions for guaranteeing it, and the second section deals with the provisions of the lawsuit guaranteeing the hidden defect. I have discussed this topic in detail. This study included a set of results and recommendations.

Penerapan Hadis Larangan Dua Akad Dalam Satu Transaksi Di UMKM Batik Tulis Sumber Ayu Probolinggo

Contracts have a very significant position in activities in the fields of economics, business and finance. And the influence on goods is very large, so that muamalah transactions are said to be valid if the contract carried out meets the requirements and is harmonious. Sharia economic literature does not allow two contracts in one transaction (two in one). Many hadiths explain that the Prophet prohibited two contracts in one transaction which could cause the price set to be unclear. This research is qualitative research with the type of research using field studies. A contract is an activity carried out by two parties who mutually agree to be bound and obliged to carry out their obligations agreed upon at the beginning of the transaction in accordance with sharia. The verses that explain the contract are Q.S Al-Maidah verse 1, Q.S Ali Imran verse 76, and Q.S An-Nisa verse 29. Not only verses from the Qur'an, there are also hadiths that explain the contract, namely the Sahih Bukhari hadith 1967, Sahih Bukhari 7903, and Musnad Ahmad 7903. In connection with the Prophet's prohibition on carrying out two contracts in one transaction, the sale and purchase contracts established at the Sumber Ayu Batik Tulis UMKM do not recommend that consumers carry out two contracts in one transaction. Because it can cause gharar in the products being sold

B to C 전자상거래에서 CISG의 2조 적용가능성에 관한 연구

Purpose – As it transforms into a consumer-led e-commerce market, we present the legal applicability of the CISG to disputes arising from international e-commerce. Design/Methodology/Approach – Disputes arising from international e-commerce are mostly about contracts, and considering the principle of internationality of a CISG sales contract and the scope of human application, it can be seen that disputes arising from consumer-led e-commerce can be subject to CISG. Findings – Through case law analysis, a new perspective on the deficiencies of the agreement that occurred in consumer-led international e-commerce was presented, along with the burden of proof, thereby increasing the applicability of CISG in B2C transactions and protecting buyers. Research Implications – Disputes arising from international e-commerce mostly concern contracts. Since e-commerce is related to the form of the contract and includes transactions concluded electronically, CISG is applied in disputes related to the contract of sale by electronic means. Among the provisions of the Convention, the scope of purchase intention should be revised to be applied more broadly by pointing out that the buyer's intention is not limited to one, and the scope of the consumer's purchase intention is narrow through the case law of Article 2a, which causes many disputes in consumer-oriented e-commerce. In addition, if a seller proves that he did not know the buyer's purchase intention, the applicability of the clause may increase, so detailed provisions on the burden of proof of purchase intention should be added.

The Impact of Marketing Channels on Farmers' Income: An Empirical Study of Kabul, Parwan and Kapisa Grape Farmers

Among the 150 grape growers in the three provinces of Kabul, Parwan and Kapisa in Afghanistan, the possibility of contract signing between farmers in Kabul and traders is lower, and that between farmers in Parwan and Kapisa and farmers' organizations is higher. 26.67% of farmers signed contracts with farmers' organizations, 45.33% of farmers signed contracts with traders, and 28.00% of farmers directly carried out market transactions without signing sales contracts. The average age of grape farmers is 30.9 years old, and the average planting period is 10.4 years. The results show that farm distance and Internet use have a significant negative impact on the non-adoption of contract sales, while Internet use and farm distance have a significant positive impact on the adoption of sales contracts with traders; farmers' planting years have a positive impact on the signing of sales contracts with traders; the increase of sales price reduces the feasibility of signing contracts with traders Compared with the farmers who get loans from friends, family members and banks, the farmers who get loans from farmers' organizations are less likely to sign contracts with farmers' organizations.Compared with the contracts signed by farmers' organizations, the signing of marketing contracts with traders has a positive impact on Farmers' welfare. The selective amendments of all marketing contracts are significant, indicating that there is a selective bias in the unobserved factors.

Margin Calculation on Non-Cash Car Purchases

PT Astra Credit Companies Banda Aceh has converted to Sharia in December 2021. This company provides services for the sale and purchase of cars on a non-cash basis using the Murabahah contract. Murabahah is a sale and purchase contract in which the trader must openly state the initial price, the cost of goods, and the profit he will take. In practice, PT ACCS has done these things, but the margin calculation is not made openly to the buyer. The purpose of this study is to answer the problems, namely how the margin calculation method on non-cash car purchases at PT ACCS, the factors that affect the margin rate and how the validity of the margin calculation system in the perspective of the murabahah contract. The method used in this research is descriptive qualitative which later researchers will conduct research through the field or literature, as for data collection techniques, namely through interviews, observation and documentation. The result of this study is that in calculating the margin, PT ACCS applies two methods, namely flat and annuity, the amount of the margin percentage depends on the time period taken by the buyer. The factors that influence the margin rate are competition factors and local OJK regulations. The validity of the margin calculation system in the perspective of the murabahah contract carried out by the company is in accordance with the general concept of murabahah. However, the margin calculation method used, namely the annuity method, can damage the murabahah contract because the annuity calculation method is a margin calculation method for financing products, not products for buying and selling goods.

ANALISIS KEABSAHAN JUAL BELI PERSPEKTIF EKONOMI ISLAM DAN KUH PERDATA

Buying and selling is a binding agreement between an individual and another individual to exchange goods or assets according to the agreement of both. Through buying and selling transactions, people can provide assistance to each other, strengthen a sense of brotherhood, and create harmonious relationships between people. The validity of a sale and purchase transaction can be indicated by the acceptance of the agreement and the fulfillment of the contract and the specified conditions, one of which is the obligation to deliver and pay the price. On the other hand, Civil Code Article 1458 states that a sale and purchase can be recognized as valid even though the goods have not been delivered and payment has not been made. The purpose of this study is to identify the validity of a sale according to the views of fiqh muamalah and the Civil Code, as well as to highlight the similarities and differences between the two. The research method used is the comparative descriptive method, which aims to describe the validity of a sale and purchase based on the views of the Civil Code and Islamic law. Data were collected through literature studies with a qualitative approach. The results of this study conclude that, first, the validity of buying and selling in the view of fiqh muamalah is determined by the presence of the seller and buyer, the existence of money and goods being traded, the benefits of the transaction, the condition of the goods that can be delivered, and the knowledge of the seller and buyer about the material, shape, size, and nature of the goods. Second, according to the Civil Code, a sale and purchase is considered valid with an agreement between the parties involved. Third, the similarities found are the importance of consensus or agreement in a sale and purchase transaction, as well as the prohibition of coercion and fraud. In addition, the sale and purchase contract must be carried out by parties who have reached the age of majority, and the goods being traded must be in accordance with applicable regulations. However, there are fundamental differences between the views of muamalah fiqh and the Civil Code. According to Islamic law, a valid sale involves the obligation of delivery and acceptance of the goods by the buyer. On the other hand, the Civil Code permits a sale and purchase in the absence of delivery of goods and payment that has not been made. In Islamic law, the agreement of words alone is not enough, but also requires harmony and meeting certain conditions. Whereas in the Civil Code, the validity of a sale and purchase is achieved only by the occurrence of a contract without considering other aspects

International Sale Contract Practices Through the Internet and Influencing Factors: A Comparison between Oman and The International Sale Contract

International Sale Contract Practices Through the Internet and Influencing Factors: A Comparison between Oman and The International Sale Contract

Contracts and Firms' Inflation Expectations

Abstract We use novel survey data to study firms’ inventory contracts. We document facts about the usage of purchase and sale contracts. We find that firms purchase and sell inventory through three contractual arrangements: fixed price and quantity, fixed price only, and fixed quantity only. Those using fixed price and quantity hold the largest share of contracts. The average duration of purchase contracts is not very different from the average duration of sale contracts. We then find that the upward bias in inflation expectations is a feature of firms that do not purchase or sell largely through contracts. Our findings are useful in the calibration of sticky price models.

Halal In The Contemporary Economic And Business Ecosystem

The increase in population will certainly increase the demand for halal products and services significantly. With this achievement where Indonesia is in the top five with a strong Islamic economic ecosystem and supported by a majority Muslim population, Indonesia can become a leading country in all sectors in the country's halal industry (Nasution, 2020).The Islamic economic ecosystem in Indonesia continues to grow which includes the existence of UMKM that can become producers of halal products, Islamic finance which is marked by the growing contribution of Islamic entities, both Islamic financial institutions and Islamic non-financial institutions, innovations in technology, and related regulations with the halal industry. Indonesia is the first place for consumers of halal food products in the world. Indonesia is the country with the largest Muslim population, reaching 209.1 million people or 87.2 percent of the total population of Indonesia (Mubarok & Imam, 2020). Objective: prevention of aspects of sharia obstacles in the financial aspect, MSME aspects, digitalization aspects, product quality, and regulatory aspects in realizing the strengthening of the halal industrial ecosystem? Indonesia, the world's most populous Muslim country, is a gold mine for the halal market with the potential to become not only a major market but also a major producer of halal products. Islamic finance in Indonesia has developed more than the banking sector, but also non-banking products have featured in baitul mal wa tamwil (community-based Islamic financial institutions), Islamic insurance, Islamic microfinancing, Islamic pawnshops and Islamic venture capital. The Islamic banking service has almost all complied with sharia principles as most Islamic banking products are dominated by murabahah (sales contracts). There is still a small number of Islamic banks in Indonesia which causes Islamic banks to not reach remote areas (Samsul, 2022). There is still a lack of Sharia banking education for the "lower class" people who incidentally play an important role in the UMKM sector Islamic banks are less active in financing. This can be seen from the still-difficult process of managing and applying for financing in Islamic banks. Aspects of Islamic Financial Innovation (Sharia Bank) Towards Competitive Advantage The role of Islamic banking is to become a reference through strategies and policies related to financing that will be channelled to consumers. Likewise, socialization for UMKM entrepreneurs, especially those engaged in the halal industry, both goods and services. Islamic bank strategy to enter the village as a place that has the potential to become halal tourism: Islamic banks must optimize internal and external resources. Finally, through a branchless banking system UMKM & Halal Industry in the Digital Economy Era, Challenges and Obstacles to UMKM Aspects in Strengthening the Halal Industry Ecosystem. Lack of understanding so that this is not optimal and has not been able to become a superior product in the midst of society.

The method of calculating price reductions in contracts for the international sale of goods

The method of calculating price reductions in contracts for the international sale of goods

Procedural conditions for avoidance of the contract for the international sale of goods

Procedural conditions for avoidance of the contract for the international sale of goods