The paper revealed that the contract law at the conceptual level is substantially similar in common law, civil law and Sharīah to the extent that the writers of Islamic law of contract do not ...explore, especially in the area of remedies for anticipatory breach of contractual obligations, beyond the boundaries of common law and civil law systems. However, the differences can be found in the application of the remedies. Thus, this paper suggests a method which can be employed to harmonise the area of divergence among these systems of law. Similarly, in the aspect of remedies for breach of contractual obligations, the research recommends that, in a scenario whereby damages are the only remedy to remedy anticipatory breach of contractual obligations, it should be on the ground of non-commitment of the breaker and not on the ground of expectation interest of performing party. The qualitative research methodology is utilised and the data gathered from the valuable literature of the Muslim and western writers were employed to accomplish the study.
El artículo 14 del Reglamento 593/2008, sobre la ley aplicable a las obligaciones contractuales “Roma I”, no designa, ni directamente ni por analogía, la ley aplicable a la posibilidad frente a ...terceros de una cesión de créditos en caso de cesiones múltiples de un crédito por el mismo acreedor a sucesivos cesionarios. De esta forma responde el Tribunal de Justicia de la Unión Europea de 9 de octubre de 2019, asunto C-548/18, a una petición de decisión prejudicial planteada en el procedimiento entre BNP y TeamBank en relación con la consignación judicial por el administrador concursal de la deudora del importe de ciertos créditos de los que ambas entidades se declaraban acreedoras porque habían sido cedidos.
The article examines the issues of the most effective satisfaction of state needs through the mechanism of public procurement. The theoretical significance of the study is to identify the main ...advantages of public procurement using the electronic bidding system, as well as key factors for non-fulfillment of contractual obligations. The analysis of the dynamics of key indicators of public procurement in the Rostov region in 2014–2019 revealed the absolute amount of savings and the preferential use of an open auction in electronic form during procurement. The article substantiates that the main reason for non-fulfillment of contractual obligations in the public procurement system is the insolvency of suppliers. In the future, it is necessary to establish tools for competitive selection of procurement participants, which involves the analysis of indicators of the effectiveness of financial and economic activities of commercial structures
The study addressed the impact of the Corona virus (Covid-19) on labour contracts in Qatari and Palestinian labor laws, while these two laws did not include special and explicit provisions dealing ...with the case in question. The study used the comparative analytical method to characterize the pandemic, and the governmental measures taken in this regard, to apply the result of this characterization to labour contracts and the potential disputes that arise therefrom. The study aimed at finding legal solutions to these various disputes in a manner consistent with the labor law, its various sources, and the civil law. It is concluded that the current legal texts in labor laws and the general rules of the theories of force majeure and hardship are not appropriate in such a context. Accordingly, the study calls for legislative interventions to address the impact of unusual public incidents and closure of facilities on the obligations of parties to labor relation.
The study addressed the impact of the Corona virus (Covid-19) on labour contracts in Qatari and Palestinian labor laws, while these two laws did not include special and explicit provisions dealing ...with the case in question. The study used the comparative analytical method to characterize the pandemic, and the governmental measures taken in this regard, to apply the result of this characterization to labour contracts and the potential disputes that arise therefrom. The study aimed at finding legal solutions to these various disputes in a manner consistent with the labor law, its various sources, and the civil law. It is concluded that the current legal texts in labor laws and the general rules of the theories of force majeure and hardship are not appropriate in such a context. Accordingly, the study calls for legislative interventions to address the impact of unusual public incidents and closure of facilities on the obligations of parties to labor relation.
The article reveals certain types of non-contractual obligations (NCO) in the field of private international law (PIL). The common features and differences between certain types of NCO in Ukraine and ...other countries of the Romano-Germanic legal family through the usage of the comparative legal method are described. The article reveals such types of obligations in PIL as: tort/delict obligations; obligations arising out of unjust enrichment; obligations arising out of damage caused by a product, work, service; culpa in contrahendo; negotiorum gestio. The article substantiates that NCO arise, first of all, between persons who are not in a contractual relationship, or between persons who are bound by a contract, but the damage is not caused in connection with a violation of contractual obligations. The article reveals the main provisions of conflict regulation of NCO. The issue of refusal to use the general collision binding of the place of harm (lex loci delicti commissi) is being studied. Nowadays, instead of that collision binding, which was originally used for each type of non-contractual obligation, several alternative collision bindings are used. In addition to the law of the place where the tort was committed, the article also reveals the features of using such collision bindings as the citizenship of the parties or the place of residence of the parties of the legal relationship, the place of release of the goods, the place of registration of the vehicle, etc. The article highlights some aspects of the recent reform of civil legislation and PIL, in particular. The root cause of the reform and renewal of domestic legislation in various areas, which is caused by the European integration processes taking place in Ukraine in recent years, is revealed. The article substantiates the active recodification of civil legislation introduced by the Government of Ukraine, aimed at eliminating certain shortcomings and contradictions in national civil legislation and harmonizing it with the legislation of the European Union. The article places special emphasis on the need to update national legislation and bring it into line with European standards for democratization and liberalization of all spheres of life.
Nowadays, many problems caused by the imperfection of the legislation exist in applying the penalty clause category in commercial contracts. Many of them stem from belonging to different legal ...systems. With varying understandings of penalty clauses across jurisdictions and an uncertainty element in the inclusion of a penalty clause in contracts, the role of judicial discretion in resolving a dispute often becomes the deciding factor in dispute resolution. This research paper analyzes current trends related to judicial discretion’s role in commercial disputes and the difficulties associated with implementing a penalty clause from a theoretical and legal point of view. The problem of this study is due to the existence of a number of discrepancies in the understanding of the penalty clause in different jurisdictions and an element of uncertainty when including a penalty clause in commercial contracts, as well as convergence processes in contract law. The paper considers theoretical and doctrinal approaches to understanding the penalty clause as a legal category and the role of judicial discretion in regulating penalties within contractual legal relations. In practical terms, the study interests lawyers practicing economic and corporate law.
Los litigios sobre difamación cometidos en Internet presentan mayor complejidad que los cometidos por medios tradicionales. Entre otras cosas, porque los contenidos difamatorios pueden ser ...accesibles desde cualquier lugar del mundo. La ubicuidad de estos ilícitos afecta a cuestiones importantes de Derecho Internacional Privado, como es el hecho de que el demandante tiene hasta cuatro posibilidades de elegir foro. De esa elección dependerá que el juzgador pueda conocer sobre todos los daños sufridos en el mundo o sólo pueda resolver respecto de los daños causados en su territorio. Además, la elección del tribunal competente según un foro u otro condicionará al juzgador a estimar o desestimar las acciones de cesación. Así las cosas, el tribunal del país donde el actor decida presentar la demanda debe aplicar su propia norma de conflicto para determinar la ley aplicable al fondo del asunto. Esta ley resolverá cuestiones como la legitimación o la caducidad de la acción. Sobre estas cuestiones, la resolución comentada poco o nada trata.
The research delves into the evolving contractual dynamics within Ukrainian civil law amid European integration, quarantine measures, and martial law. Focusing on the balance between individual ...rights and the broader civil legal framework, the study seeks to assess the current Civil Code of Ukraine and proposes enhancements to safeguard individual rights during challenging periods, such as martial law. Various research methods were used in the study, such as analysis, synthesis, comparison, deduction, generalisation, abstraction, and formal legal research. As a result, the author has established that the current system of civil law provisions is characterised by certain shortcomings which affect certain types of activities of the subjects of these relations. The authors highlight that the process of European integration, the introduction of quarantine restrictions, and martial law in Ukraine had the most significant impact on the formation of problematic issues in the system of national civil legislation. As such, the study focuses on the general problem of regulating civil relations, namely, the legal status of a private person, as well as on specific aspects of this issue, contractual regulation and amendments to existing rules. Based on this, the author argues that the priority for addressing these issues is the development of new laws and modifications to the provisions of the Civil Code of Ukraine.
Many recent legislations and international principles tend to apply the pre-contractual duty of disclosure as one of the most substantial principles governing the pre-contracting phase, such as ...Article 1112-1 of the Amended French Civil Code of 2016, Article 1337 of the Amended Italian Civil Code and Article 13 of chapter 2 of the Common European Sales Law, etc. However, the Palestinian legislature has ignored enacting legal provisions imposing the pre-contractual duty of disclosure which causes legislative deficiencies in the legislative remedies of the subject of pre-contractual duty of disclosure. In this regard, this paper suggests orientations for the formulation of the provisions of the pre-contractual duty of disclosure in the Palestinian Civil Code Draft (PDCC). To do so, a comparative analytical approach with the French civil code is used to illustrate the Palestinian legislative deficiencies and the urgent need to legislate a legal article which obligates the negotiating party to disclose any substantial information for the satisfaction of the other party. As such, the contractual equilibrium entails that the pre-contractual duty of disclosure has its own independent essence from all the theories that the jurisprudence adopted as a legal basis for this duty.
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