Weaker Party Research Articles

العقد في الفكر الفلسفي: دراسة في فلسفة القانون

The aim of the study is to investigate the development of the idea of the contract from a philosophical perspective, and to know the philosophy of the balance of civil contracts. The philosophical approach was used to study and derive the idea of the balance of civil contracts as one of the pillars of contracts. The study reached a number of results, the most important of which are: The principle of the authority of the will in creating legal actions, but within its reasonable limits, in which the will is balanced with justice and the public interest. This is what is meant by the objectivity of the contractual will. The principle of good faith in negotiations always works to achieve contractual balance because it aims to protect legitimate trust in transactions, in order to conclude a contract based on informed consent to the contract by its parties. Although this principle is stipulated to be dealt with in the stage of interpreting and implementing the contract, the prevailing opinion in jurisprudence and judiciary is to work with it in the stage prior to contracting as a moral duty. Contractual negotiations give the will complete freedom to decide the fate of the contract. When the will enters into contractual negotiations, it is able to determine the effects of the contract, which is something that is taken away from it in contracts of adhesion. Contractual negotiations play a fundamental role in achieving contractual balance, because they protect the contract from defects, by allowing the negotiating parties to review the terms of the contract, and thus they are a guarantee for the weak party against the strong party that has economic and legal dominance over the contract. The study recommended many recommendations, the most important of which are: paying attention to the principle of good faith in general in contracting in all stages of the contract, and stipulating it and formulating it in a clear legal formulation in the stage preceding the contract. Also, paying attention to studying the stage of contractual negotiations in the stage preceding the conclusion of the contract, and allocating a legal regulation for it that regulates the relationship between the negotiators in Egyptian civil law.

Принцип добросовестности в муниципальных правоотношениях

The article is devoted to the study of the content and functions of the constitutional principle of good faith in municipal legal relations. Based on an analysis of the legal nature of local self-government, the status of participants in municipal legal relations and the legal positions of the Constitutional Court of the Russian Federation, the list of functions of the principle of good faith in the municipal sphere has been clarified. The thesis is substantiated that within the framework of municipal legal relations, the principle of good faith, in addition to specifying, complementing, correcting and limiting functions, also performs a compensatory function aimed at protecting the obviously weaker party in order to ensure constitutional requirements for the balance of rights and legitimate interests of the parties in legal relations. The manifestations of the specifying function of the principle of good faith in the sphere of municipal legal relations have been studied. The analysis of the functions of the principle of good faith and materials from law enforcement practice allowed us to formulate certain criteria for the good faith of local government bodies and officials.

Соглашения о международной подсудности со слабой стороной

This paper is devoted to the analysis of the regulation of international jurisdiction agreements concluded with the weak party of the relationship. Several foreign jurisdictions, some of which provide regulatory protection to the weak party when agreeing on jurisdiction, while others grant a wide discretion to the courts, will be subject of our review. In frames of this paper, we will compare the foreign and Russian approaches, identify their advantages and disadvantages.

Legal Safeguards to Control Contractual Imbalance through Framing a Protective Consumer Regime in Consumer Contracts

Of late, the issue of consumer contracts has received significant attention from policymakers due to the important expansion of family loans and the resulting financial crises and economic instability in the entire world. Consumer contracts are characterized by the presence of two parties: a vendor party, which is often a financial company, and a weak party, which is the consumer. The vendor party usually sets conditions that suit its interests, including conditions that are arbitrary and have a clear legal defect that harms the weak party in the contractual relationship, creating a clear imbalance between the rights and obligations of the two parties. Utilizing the descriptive and analytical research approach, this article examines the legal safeguards to control contractual imbalance by framing a protective consumer regime in consumer contracts. The research not only invites readers to reconsider perceptions but also aims to enrich our understanding of legal safeguards to control contractual imbalance in consumer contracts.

О компенсации морального вреда, причиненного решениями, действиями (бездействием) субъекта публичной власти

The article examines the issues surrounding the combination and joint consideration in administrative court proceedings of both administrative claims challenging the legality of public authority acts and civil claims for compensation of moral damage. The aim of this article is to identify and analyze the problems of legal regulation of compensation for moral damage in administrative proceedings. To achieve this aim and solve the tasks, general and special scientific methods such as analysis, synthesis, historical, systemic-structural, formal-legal, and comparative methods were used. As a result, the author came to the conclusion that it is advisable to normatively consolidate the possibility of combining a public-law administrative claim and a private-law claim for compensation of moral damage in administrative proceedings. Such an intersectoral transformation of public and private law will significantly enhance the level of judicial protection for citizens who have suffered moral harm due to a public-law violation, especially considering that a person in a dispute with the authorities is always the weaker party. The results of the study can be used as proposals for legislative changes and for shaping judicial practice regarding compensation for moral damage in administrative proceedings. The novelty of the study lies in the substantiation of scientific recommendations on the need to combine and jointly consider in administrative proceedings not only an administrative claim to declare an act of public authority illegal, but also a civil claim for compensation for moral damage.

Weak party system institutionalization and autocratization: evidence from Tunisia

ABSTRACT Why do party systems remain weak in transitioning countries in ways that can hamper the democratization process? We answer this question through a case study of Tunisia, which was the only success story of the Arab uprisings. Tunisia has experienced a process of autocratization since President Saied's presidential coup in 2021. Utilizing a historical institutionalist framework, we conducted interviews with 15 leaders from the major political parties. We find that, in contrast to conventional wisdom, the strong party institutionalization under authoritarian rule did not lead to an institutionalized party system after authoritarian rule ended. We attribute this dynamic to the inability of regime-successor parties to institutionalize, perpetuating democratic vulnerabilities inherited from authoritarian rule. We also find that too-powerful civil societies can be detrimental to transitions. The labour union, UGTT, acted as a de facto veto player and limited the ability of cabinets to implement reforms. Furthermore, leftist parties could not benefit from the UGTT's base. The 2011 revolution was a critical juncture that could have facilitated the establishment of an institutionalized party system. However, the political elite's institutional choices put additional challenges on parties. The weakness of the party system in turn contributed to President Saied's self-coup and dismantling of Tunisia's democratic institutions.

Защита прав потребителей в условиях дистанционной купли-продажи товаров

Today, in the era of technology development, the remote sales method is becoming one of the most popular. However, the risk of violation of consumer rights increases, and therefore the legislator and law enforcement bodies are trying to protect them and bring the relationship between the seller and the buyer to a balance. The purpose of the article is to study the features of protecting consumer rights when concluding a sales contract remotely, as well as putting forward proposals for additionally ensuring the rights of the buyer as the weaker party.

Termination of the employment relationship in Slovakia

Slovak labour law regulates the termination of employment in a rigid manner, based on the principle of protection of the employee as the weaker party in labour relations. The Labour code distinguishes four key types of terminating an employment relationship: I. Termination by agreement, II. Notice of termination, III. Immediate termination and IV. Termination within a probationary period. In addition to that, an employment relationship will also terminate upon the death of the employee and fixed-term employment will terminate upon expiry of the agreed period. Special provisions apply to termination of an employment relationship with a foreigner (or a stateless person) and in connection with temporary secondment. The legal regulation of termination of the employment relationship in Slovakia has been relatively stable in recent years, without major changes or serious proposals for radical amendment.

Pengaruh Bullying terhadap Motivasi Belajar Peserta Didik di Sekolah Dasar

Bullying refers to deviant behavior that is often carried out consciously or unconsciously. Bullying is repeated aggressive and negative behavior towards someone with the aim of hurting him. Bullying is defined as negative actions carried out by a stronger party against a weaker party through the use or non-use of tools with the aim of creating physical and emotional pressure on the weaker party. The increase in bullying cases in schools shows how worrying the current condition of education in Indonesia is. The aim of this research is to find out whether bullying behavior has a significant influence on students' learning motivation and enthusiasm for learning. We hope this can help schools know how big the impact of bullying is at school and help victims overcome the problems and risks of bullying. The method used is the Systematic Literature Review or SRL method, namely selecting each journal or previous research and getting results in the form of references for models/ideas that will be developed in the future. The results of this research show that bullying has a big influence on students' learning motivation, this is characterized by not having the courage to participate actively in the learning process and showing low interest in lessons. Bullying behavior significantly affects elementary school students' learning motivation. Students who experience bullying tend to show lower levels of motivation, loss of interest in learning, and lack of confidence in their academic abilities.

Slovakia's departure from strong labor protection of employees as a consequence of the pandemic and the transposition of european directives

This scientific paper delves into the notable shift in Slovak labor law, which has departed from its historically strong emphasis on safeguarding the rights of employees, traditionally seen as the weaker party in labor relations. Until recently, this emphasis served as a substantial barrier against the globalizing and standardizing influences of employers. The paper identifies two key factors driving recent legislative "reforms" in Slovakia's labor regulation. These changes are rooted in the transposition of European labor law directives while also embracing a more liberal political perspective regarding the nature of labor relations. This shift involves moving away from rigid employee protection and adopting the concept of "increased flexibility" in employee work as a remedy for addressing the post-Covid-19 economic challenges. The previous emphasis on employee or employee representative involvement in defining working conditions, wages, and important employer decisions regarding work organization has shifted. This shift allows employers to act unilaterally, contingent on fulfilling new information obligations towards employees. However, the recent labor law reforms run counter to this historical legal tradition. Taking into account the wage levels in the Slovak Republic compared to the majority of other European Union member states, these reforms establish an unsettling level of labor law protection pro futuro of Slovak employees.

Проблема розмежування трудового та цивільного договору в умовах гіг-економіки

The author draws attention to the fact that the development of digital technologies has expanded the horizon of opportunities for the subjects of legal relations in which a person exercises the right to work. The subjects of these legal relations, independently exercising their freedom of will and acting in their interests, enter either a civil or an employment contract. However, given that in such legal relations, a person exercising the right to work is usually in the legal status of a weak party, society has faced the problem of abuse by employers. Employers have started giving labor relations, in essence, civil law structures, depriving employees of fundamental social and labor rights and guarantees or severely limiting them. In this regard, science, legislation, and judicial practice faced the problem of finding new approaches to distinguishing between civil and employment contracts, as the concepts of an employment contract established in science no longer correspond to modern conditions. Thus, with the emergence of remote work and other non-traditional forms of labor, the features of a traditional employment contract, which allowed distinguishing it from a contractor agreement, ceased to perform the distinguishing function. The article aims to formulate a new approach to defining the distinguishing features of an employment contract and a civil contract in the digital economy. The author’s analysis of legislation, scientific literature, and case law has concluded that an employment contract in the digital economy has variable features. This means there is a need for legislative consolidation of variants of the features of an employment contract. If two or more of them are present, this will allow recognition of an agreement under which a person exercises the right to work as an employment contract. At the same time, the article draws attention to the fact that a decision in this category of cases should meet the following requirements: The focus when deciding on the legal nature of the contract concluded should be on establishing which contract the person exercising his/her right to work intended. The court should avoid formalism and base its decision on facts. The primary purpose of such a decision is to effectively protect the labor and social rights of a person exercising the right to work. Keywords: right to labour, labour relations, employment contract, employee, employer, employment, remote work, freedom of will of the parties to the employment contract, social function of labour law, guarantees, IT sector, contractual regulation, amendment of an employment contract.

Legal Aspects of Consumer Protection in E-Commerce Transactions: Implementation and Urgency of Regulations in the Digitalization Era

Digitalization is an activation of the use of digital-based technology. This process is certainly influenced by increasingly sophisticated technological developments. Currently, digitalization continues to develop and expands to all areas of human life, such as education, industry, electronic transactions, electronic media and other fields. Digitalization is here to provide efficiency, effectiveness, provide convenience, and shorten time for individual and group performance. Electronic transactions are transactions carried out between sellers and buyers in contractual relationships using an electronic system. Electronic transactions can be used by anyone, anytime and anywhere. People as consumers get convenience, speed, ease of payment systems, time efficiency when carrying out electronic transactions using E-commerce or other media. On the other hand, electronic transactions still have shortcomings. Lack of use of electronic transactions such as the enactment of standard contracts, legal terms of agreement in drafting contracts have not been implemented effectively, electronic system and transaction operators have not provided legal protection for consumers if losses arise, termination of access to consumers, identity changes by sellers, fraud, and many more . Therefore, Consumer Legal Protection is very important in carrying out electronic transactions. The state can play a role in providing legal protection for consumers through preventive, repressive efforts, as well as with legislation for the interests of weak parties.

The mechanism of exercising the employee's right to conclude an employment contract and the formation of its content

The subject of the research is the problems of developing an adequate, understandable for the employee and the employer mechanism of exercising the right to conclude an employment contract.The purpose of the scientific article is to confirm the hypothesis that the employment contract in modern conditions is not yet an agreement in its traditional sense, that the defect of will and/or expression of will, which the employee insists on challenging the terms of the employment contract, must be proved by himThe methodology of the study includes a systematic approach, formal-legal and logical interpretation, analysis and synthesis.The main scientific results, conclusions on the achievement of the purpose of the study. Conclusion of the employment contract is a complex, multi-motivated, multi-stage process as from the position of the content and the ways and the limits of the right of the employee and the employer. As a weak party of labor legal relations, the employee agrees to the conditions of the employment contract initiated by the employer under the fear of refusal to conclude the said contract. Using the opportunities of the Labor Code of the Russian Federation, employers determine the terms of this contract with minimal risks for themselves, of right, formation of contract content which causes the emergence of numerous lawsuits from employees about the defects of will when entering into labor legal relations, about the illegality of certain terms of the employment contract.The mechanism of concluding a labor contract by its parties, established by the labor legislation, is imperfect, and the process of forming its content is so formal that it does not allow the employee and the employer to reach a real compromise on mandatory and / or additional conditions of the contract. In the article there are proposals aimed at improving the mechanism of exercising by employees and employers of the right to conclude a contract of employment. It seems necessary to amend the Labor Code of the Russian Federation in terms of establishing a special period of appeal of an employee to the court to recognize a particular condition due to a defect of will in the conclusion of the employment contract as illegal (the beginning of the period should be defined as the day of the employment contract, since it is the day on which the employee learned or should have learned about the violation of his right); identified factors that influenced the emergence, evolution of the employee and employer will and deformed it (such factors include Only from the moment the necessary information is provided can the entitled person demand the implementation of the preferences established by labor law.

Outsourcing or not? OEM's entry decision considering brand spillover effect

PurposeIn this paper, the authors study the entry and outsourcing strategies of manufacturer while considering the brand spillover effect resulting from outsourcing. The supply chain comprises two manufacturers: one being the entrant with a strong brand, and the other as the incumbent with a weak brand. The entrant decides whether and how to enter the market.Design/methodology/approachStackelberg game is applied to study the optimal strategies for the manufacturers. This paper conducts a comparative analysis on four situations, yielding conclusions and managerial insights.FindingsThe results show that, for the entrant, there is no need to worry about the brand spillover effect in the outsourcing process, which is very interesting and counterintuitive. To get further, the authors find the reason: The spillover effect causes the entrant’s equilibrium retail price to grow faster than the wholesale price. They also prove that a stronger brand effect empowers the entrant to challenge industry barriers, while the impact of the brand spillover effect is the opposite. For the incumbent who acts as the weak party in this issue, it is demonstrated that the optimal choice is to continue selling when facing the encroachment and outsourcing call from the entrant.Originality/valueDiffering from previous studies, the authors notice the brand spillover effect caused by outsourcing when studying company’s entry strategy. They further divide the brand effect into two parts, one of which does not exhibit a spillover.

Perlindungan Hukum Konsumen dalam Jual Beli yang tidak Sesuai Dengan Perjanjian pada Transaksi E-Commerce

Advances in information and communication technology (internet) are not only to find various information, but some people make it a medium for conducting transactions in e-commerce. The positive aspects of e-commerce transactions, in addition to saving time, are also more certain prices, but that does not mean without weaknesses; for example, the goods purchased are not as promised. Of course, this harms consumers, so there are disputes between consumers and business actors. Therefore, there needs to be legal protection, considering that consumers are often positioned as weak parties. This study examines whether the elements in e-commerce transactions meet the aspects of buying and selling in the Civil Code and how the Consumer Protection Law provides legal protection if the goods purchased by consumers are not by the agreement. This research is a normative legal research using a statutory, concept, and comparative approach. Legal materials are collected through literature research. Legal materials are analysed by quoting and reviewing relevant articles of laws and regulations. At the same time, the opinions of scholars are cited and used as a theoretical basis to answer research questions.The results of the discussion of research problems can conclude that the main elements in e-commerce transactions are buyers, sellers, goods and prices by the aspects of buying and selling in the Civil Code. Still, in e-commerce transactions, additional parties are involved, namely intermediaries. For consumers who feel aggrieved because the goods purchased are not by the agreement, the form of legal protection is to be able to claim compensation through litigation or non-litigation channels.

STRUCTURATION IN COMMUNICATION OF VEGETABLE FARMERS WITH MIDDLEMAN IN BATURITI DISTRICT TABANAN BALI

This study aimed to uncover patterns of structuration in communication between vegetable growers and intermediaries in the Baturiti District. This study employs a critical communication methodology. Data was gathered via interviews, observations, and document analysis approaches. Data analysis was conducted using descriptive qualitative interactive methods based on structuration theory. Phatic communication, patron-client relations, and divergent communication are forms of structuration in communication, as revealed by the research results. According to the empirical findings in this research, communication actions are shown to improve relationships, resulting in a tendency towards greater intimacy.
 The result is that the relationship pattern of vegetable farmers has been tied to economic actors, namely middlemen, for a very long time. The theoretical finding in this research is that structuration in communication is in line with the concept of symbolic interactionism, which focuses on efforts to provide interactions using symbols and containing power to weak parties. This research contributes to policy making related to the use of agricultural products.
 Keywords: communication structuration, vegetable farmers, middlemen

Hubungan Pola Asuh Orangtua Dengan Perilaku Bullying Pada Remaja Di MAN Model 1 Manado

Bullying behavior is an act of intimidation carried out repeatedly by the stronger party against the weak party, done deliberately. The negative impact of bullying can make a person's life lost. Parenting is the attitude and way parents prepare younger family members, including children, to make their own decisions and act on their own. The purpose of the study was to determine whether or not there is a relationship between parenting style and bullying behavior in adolescents in MAN Model 1 Manado schools.This research method uses Cross Sectional approach. The sample was taken based on the number of respondents 49 people using simple random sampling. Data collection is carried out by means of questionnaires. Furthermore, the data that has been collected is processed using the help of the SPSS computer program to be analyzed with a spearman rank statistical test with a meaning level (α) of 0.05.The results showed that p = 0.596 was obtained compared to the α value = 0.05, where p≥α then H0 accepted H1 means that there is no relationship between parenting style and bullying behavior in adolescents at MAN Model 1 Manado school.The conclusion in this study was that there was no relationship between parenting style and bullying behavior in adolescents in MAN Model 1 Manado. Advice to adolescents is to increase empathy for others or the school environment and can exercise good restraint or manage emotions well so as not to cause aqqbehavioral attitudes that lead to bullying practices.

Regional regulations on the fairness of commercial contracts between Australia and the United States, taking the PayPal case as an example

The regulation of contract fairness has been one of the focuses of scholars from various countries in recent years. This may involve the composition of the contract, the legality of the contract and the disadvantageous situation of the weak party in one contract. This essay takes the possible unfair terms in Australia’s PayPal case as an example to discuss the nature of unfair terms, the necessity of ASIC intervention, regulatory measures, and related statutes in Australia. To analyse the regional regulation of this issue, the regulation of unfair terms in the United States is also discussed. By comparing the regulation methods of the two countries and analysing the impact of unfair term regulation on market fairness, some suggestions are given to Australia.

Свобода договора и ее пределы в цифровой среде

Introduction: various actions in online space (for example, pressing a button or continuing to view a website) can have legal consequences predetermined by the rules of information systems with which the subject works. Potentially, his or her rights may be significantly violated by such rules. In cases where it is necessary to protect the rights of citizens and legal entities in digital environment, it seems that many issues can be effectively solved through the application of the doctrine of freedom of contract and its limits to relations arising in online space. We can solve many of the problems that are currently being discussed in relation to digital law using the institution of restriction of contractual freedom in certain cases (where there is a need to protect interests of the weak party to a contract, interests of third parties, public interests, etc.). The purpose of the study is to shape an understanding of the concept of freedom of contract as applied to relations connected with the use of digital technologies; to propose a system of criteria to be used when establishing restrictions on contractual freedom for such situations. Methods: empirical methods of comparison and description; theoretical methods of formal and dialectical logic; specific scientific methods: legal dogmatic method, comparative legal method, and the method of legal norms interpretation. Results: the principle of freedom of contract in general and the universally recognized mechanisms for its limitation remain an effective and necessary tool for regulating relations in digital environment, even if such relations have unique technical features (as is the case with smart contracts or blockchain technology). Conclusions: the transparency criterion is the basis for understanding all aspects of the limitations considered in the article. We should presume unlimited freedom of contract where the procedure for concluding and executing contracts, the content of public offers, the possible mechanisms for cancellation and termination of contractual relations are open, and also where there are no doubts concerning the application of antimonopoly legislation.

Urgensi Pelaksanaan Kebebasan Berkontrak dalam Merumuskan Perjanjian Guna Mewujudkan Keadilan Bagi Para Pihak

The principle of freedom of contract is a principle that is used as the basis for the existence of standard contracts in regulating legal relations between business actors and consumers, but the application of this principle requires that the parties to the contract have a balanced position so that the rights and obligations, provisions in the contract can accommodate all interests. the parties. Freedom of contract is an essential legal aspect of individual freedom. In its development, it turns out that freedom of contract can bring injustice because this principle can only achieve its goal, namely bringing optimal welfare as possible if the parties have balanced bargaining power. In reality, this often does not happen so the state considers it necessary to intervene to protect the weak party. The imbalance in the position of business actorsa and consumers causes the provisions in standard agreements to be more profitable for business actors and detrimental to consumers. Therefore, it is necessary to limit the application of the principle of freedom of contract in standard contracts by enforcing regulations that prohibit certain clauses from being included in standard contracts, as well as monitoring the use of standard contracts in business activities.