The discovery of America in the sixteenth century had great effects on the development of commercial activity as well as the regulations of commercial contracts in particular. Traders took full ...advantage of the gold and riches discovered and organized themselves into very powerful companies both economically and politically. A new period opens in the development of trade and the organization of political and economic power in nation states, with particularly significant consequences on the political, economic and legal level. The state power that was interested in trade, a source of wealth to ensure the legal certainty of trade regulated the establishment of fairs, on the basis of royal privileges granted, and tribunals composed of merchant judges elected to settle disputes between merchants. Being a primary study, the purpose of this study lies in the scientific and theoretical analysis of commercial contract law which has a rich historical evolution, significantly influencing trade relations (entrepreneurial).
Razmatraju se trgovac i trgovački ugovor kao temeljni pojmovi trgovačkog prava. Trgovac je u hrvatskom pravu toliko puta iznova definiran različitim zakonima da je upitno koliko se uopće može ...govoriti o jedinstvenom pojmu. Da priča bude još složenija, i pojam poduzetnika je definiran u približno sličnom broju zakona. Iako je zakonodavac ovlašten uvesti koliko god definicija želi, trenutno stanje ne pridonosi preglednosti ni pravnoj sigurnosti. Pokušava se pronaći čvrsto uporište za potencijalnu buduću sistematizaciju. Izdvajaju se dva modela prema kriteriju zadržava li trgovac to svojstvo u svim situacijama (apsolutni, statusni model) ili se ocjenjuje samo za potrebe pojedinog pravnog posla (funkcionalni, poslovnopravni model). Odabrani model trgovca odražava se i na definiciju trgovačkog ugovora. Ako ona polazi od statusnog modela trgovca, poželjno je da je trgovački ugovor sklopljen u okviru trgovčeve djelatnosti. Hrvatsko pravo se, pomalo neobično, opredijelilo za asimetričnu definiciju trgovačkog ugovora, po kojoj je dovoljno da samo jedan trgovac djeluje u okviru svoje djelatnosti. The trader and the commercial contract are the basic notions of the commercial law.
Within the realm of commercial contracts, a specific group of contracts can be classified as permissive contracts. This category includes brokerages, agency contracts, employment contracts, and ...commercial representation. The rules and consequences associated with permissive contracts have far-reaching implications for legislative processes, court judgments, quasi-judicial bodies, and executive authorities. The authorized status of the obligated party and the presence of a trust description are two crucial factors determining the nature of these contracts. If the fulfillment of the permissive obligation lacks a trust description or occurs outside the boundaries of authentic consent, it constitutes a breach of contract or, at the very least, renders the contract non-binding. The findings of this comparative research reveal that within the legal system of England, such contracts are recognized as forms of agency contracts or representation. In Imamiyyah Jurisprudence, although no specific discussion has emerged regarding commercial permissive contracts due to their novelty, based on the general principles established in Imamiyyah Jurisprudence, these types of commercial transactions can be classified as permissive contracts. In the legal system of Iran, considering the challenges addressed in legal doctrine, there is overall compatibility between commercial permissive contracts, Imamiyyah Jurisprudence, and the legal system of England.
The main argument of this text is the analysis of the principle of party autonomy on contracts as a decisive factor for the operation and legal certainty of the arbitration institute in Brazil. ...Recent laws and jurisprudence from Brazilian courts, which safeguard (or not) the agreement between parties in detriment of collective interest and unalienable rights, have been investigated through the deductive method. It is possible to conclude that - except in cases ruled by customer law - arbitration clauses set forth by the parties are binding, even when opposing public order or proven vulnerability of one of the contracting parties.
The trader and the commercial contract are the basic notions of the commercial law. The trader is defined in various Croatian statutes so many times that it is questionable whether it represents a ...single notion. Everything is more complicated by the notion of undertaking which is defined in a similar multitude of statutes. Although the legislator is authorized to introduce as many definitions as it wants, the current state of affairs does not contribute to the transparency and legal certainty. The paper tries to establish firm criteria for a possible future systematization. Two models are singled out, based on the criterion whether a trader is considered as such in all legal transactions (an absolute model) or just for the needs of a specific transaction (a functional, transactional model). The chosen model affects the definition of the commercial contract. If the commercial contract begins with an absolute model of a trader, it is advisable that the contract falls within trader’s commercial activity. The Croatian law, however, adopted an asymmetric definition, which requires that the contract falls within the commercial activity of only one of the traders.
With the WHO announcing that the Corona virus is a global pandemic, many countries have taken measures to prevent its spread, among which suspension of international transport operations; which made ...it difficult to implement contractual obligations. Consequently, the Corona virus pandemic brought up the issue of changing circumstances surrounding the international contract, which raised legal discussions in adapting it, is it considered a force majeure with which it is impossible to implement the contract, or is it an emergency circumstance that leads to difficult implementation in a way that disrupts the economic balance of the contract? The fact that international trade contracts are characterized by several peculiarities, appear in the efforts made to conclude them, and their extension for long periods, which made it difficult to terminate contracts due to the changing circumstances surrounding them. This is because contract parties are free to include in their contracts various conditions that give solutions to the changing circumstances. This study aims to search for the legal issues that the Corona virus epidemic raises on the international trade contract, within the frameworks of comparative legal systems and the provisions of international agreements.
With the WHO announcing that the Corona virus is a global pandemic, many countries have taken measures to prevent its spread, among which suspension of international transport operations; which made ...it difficult to implement contractual obligations. Consequently, the Corona virus pandemic brought up the issue of changing circumstances surrounding the international contract, which raised legal discussions in adapting it, is it considered a force majeure with which it is impossible to implement the contract, or is it an emergency circumstance that leads to difficult implementation in a way that disrupts the economic balance of the contract? The fact that international trade contracts are characterized by several peculiarities, appear in the efforts made to conclude them, and their extension for long periods, which made it difficult to terminate contracts due to the changing circumstances surrounding them. This is because contract parties are free to include in their contracts various conditions that give solutions to the changing circumstances. This study aims to search for the legal issues that the Corona virus epidemic raises on the international trade contract, within the frameworks of comparative legal systems and the provisions of international agreements.
This paper provides a systematic and critical review of the existing literature on the phenomenon of ‘commercial contract cheating’ (CCC). Unlike some existing systematic reviews
generally
on CCC, ...this paper focuses on the potential causes and suggested preventative measures specifically, intending to develop effective interventions on the basis of empirical insights. We reviewed primary studies with empirical data and systematic reviews focusing on higher education published between 2012 and 2020. A logic model is developed to graphically indicate the complex and dynamic interplay between a variety of factors identified. Our inquiry reveals a highly specified, uncoordinated and fragmented research landscape that urgently needs integrated, holistic and critical reflection. It shows that the current research is still far from establishing causal relationships as the scholarship opts to reveal an abundance of contextual factors identified only, without probing the relational dynamics or striving for causality. A range of broad and tentative recommendations are proposed on that basis but are barely empirically examined. We also attend to lack of conceptual clarity and work towards a more inclusive and future-proof definition of CCC beyond assignment-based conceptualisation. It is argued that CCC should never be reduced to plagiarism (a natural inclination inspired by the plagiarism research tradition) nor neutralised as a legitimate business (a potential risk revealed mostly by the supply side research). As an interdisciplinary field, CCC should move beyond student perceptions of education cheating and affordability, while including more inquiries into the exploitative, predatory nature of the industry.
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