Ch.1 General Provisions, General Provisions I: Arts 1.1–1.3—Fundamental principles, Art.1.1

2015 ◽  
Author(s):  
Vogenauer Stefan
Keyword(s):  
General Principle ◽  
Fundamental Principle ◽  
Contract Law ◽  
Freedom Of Contract ◽  
The World ◽  
Mandatory Rules ◽  
Technical Sense

This commentary focuses on Article 1.1, which deals with freedom of contract, the most important fundamental principle of contract law for contracts governed by the UNIDROIT Principles of International Commercial Contracts (PICC). Art 1.1 restates a general principle of law in the technical sense; that is, a principle common to the laws of all — or at least most — jurisdictions in the world. All modern contract laws recognize freedom of contract, albeit for different reasons and to varying degrees. Art 1.1 covers two aspects of contractual freedom: the first is the freedom to decide whether to conclude a contract at all, and with whom; the second is the freedom to contract on the terms desired by the parties. Limitations of the freedom to determine the content of the contract follow from mandatory rules of the PICC.

Ch.1 General Provisions, Introduction to Chapter 1 of the PICC

2015 ◽  
Author(s):  
Vogenauer Stefan
Keyword(s):  
Contract Law ◽  
Fair Dealing ◽  
Freedom Of Contract ◽  
Mandatory Rules ◽  
And Function ◽  
Formal Requirements ◽  
Key Terms ◽  
Role And Function

This chapter contains three groups of ‘general provisions’ of the UNIDROIT Principles of International Commercial Contracts (PICC). The first group deals with fundamental principles of contract law, including freedom of contract, freedom from formal requirements, the bindingness of contract, good faith and fair dealing, and the so-called ‘prohibition of inconsistent behaviour’. The second group of provisions addresses the role and function of mandatory rules and the third group deals with the application of the PICC, focusing on general guidelines for the interpretation of the various articles of the instrument; specific key terms that are used throughout the following Chapters of the PICC such as ‘court’, ‘place of business’, ‘obligor’, ‘obligee’, and ‘writing’; the role of usages and practices established between the parties; and rules for certain scenarios that may arise in various contexts if the PICC apply.

scholarly journals Pelarangan riba dan bunga dalam sistem hukum kontrak syariah

TERAJU ◽  
2020 ◽  
Vol 1 (02) ◽  
pp. 89-104
Author(s):  
Sudanto Sudanto
Keyword(s):  
Legal System ◽  
General Principle ◽  
Contract Law ◽  
Freedom Of Contract ◽  
Laws And Regulations

Abstrak Asas umum dalam hukum kontrak syariah yaitu asas الأَصْلُ فِيْ الأَشْيَاْءِ الإِبَاْحَةُ yang menyatakan bahwa segala sesuatu itu hukumnya boleh, kecuali ada dalil yang melarangnya. Selain itu, terdapat pula beberapa asas penting, yang satu dengan lainnya saling berkaitan, yaitu: asas konsensualisme, asas kekuatan mengikatnya kontrak dan asas kebebasan berkontrak. Implikasi dari asas-asas tersebut jika tidak dibatasi dengan ketentuan maupun perundangan-undangan akan mengakibatkan hilangnya ruh dari hukum kontrak syariah. Sehingga tulisan ini mencoba memaparkan pelarangan riba dan bunga dalam sistem hukum kontrak syariah sebagai bentuk upaya menjaga agar tidak kehilangan ruhnya.   Kata Kunci:  Riba, Bunga, Hukum Kontrak Syariah. Abstrac The general principle in sharia contract law is the principle of الأَصْلُ فِيْ الأَشْيَاْءِ الإِبَاْحَةُ which states that everything is legal, unless there is an argument that prohibits it. In addition, there are also several important principles, which are interrelated to one another, namely: the principle of consensualism, the principle of the strength of contract binding and the principle of freedom of contract. The implications of these principles if not limited to the provisions or laws and regulations will result in the loss of the spirit of sharia contract law. So this paper tries to explain the prohibition of usury and interest in the legal system of sharia contracts as a form of efforts to keep it from losing its spirit.   Keywords: Usury, Interest, legal of sharia contracts.

ASAS KEPASTIAN HUKUM DAN ASAS KEBEBASAN BERKONTRAK SEBAGAI PERTIMBANGAN UTAMA DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH (Kajian Yuridis Putusan MK Nomor 93/PUU-X/2012)

2018 ◽  
Vol 3 (1) ◽  
pp. 69
Author(s):  
Edi Hudiata
Keyword(s):  
Dispute Resolution ◽  
Judicial Review ◽  
Alternative Dispute Resolution ◽  
Contract Law ◽  
Islamic Banking ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Ideal Norm ◽  
Freedom Of Contract ◽  
Binding Force

Since the verdict of the Constitutional Court (MK) Number 93/PUU-X/2012 pronounced on Thursday, August 29, 2013, concerning the judicial review of Law No. 21 of 2008 on Islamic Banking, it is no longer dualism dispute resolution. The verdict as well as strengthen the jurisdiction of Religious Court to resolve Islamic banking disputes. In consideration of the judges, judges agreed stating that Article 55 paragraph (2) and (3) of Law No. 21 of 2008 which is an ideal norm, contains no constitutional problems. The problem is the explanation of the constitutional article 55 paragraph (2) of the Act. The emergence of the Constitutional Court verdict No. 93/PUU-X/2012 which substantially states that the explanation of Article 55 paragraph (2) of Law No. 21 of 2008 does not have binding force, basically does not violate the principle of freedom of contract which is common in contract law. The parties are allowed to make a dispute resolution agreement out of religious court based on provisions as Act No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. Keywords: dispute resolution, legal certainty and the principle of freedom of contract

Four Underlying Principles of Contract Law and the Foundational Contract-Law Standard

2018 ◽  
Author(s):  
Melvin A. Eisenberg
Keyword(s):  
Fundamental Principle ◽  
Contract Law ◽  
Normative Theory ◽  
Standard Contract

Chapter 3 develops four underlying principles of contract law and the foundational contract law standard. Under the most fundamental principle of contract law the aim of contract law should be to effectuate the objectives of parties to promissory transactions, provided that appropriate policy and moral conditions, such as freedom from duress and fraud, are satisfied, and subject to appropriate constraints, such as capacity and legality. The normative theory of contract law, taken together with the four underlying principles described in this chapter, comprise the foundational contract-law standard. Contract-law rules that are supported by the foundational standard are justified. Contract-law rules that are not so supported are unjustified.

When Contract’s Basic Assumptions Fail

2021 ◽  
pp. 1-32
Author(s):  
Hanoch Dagan ◽  
Ohad Somech
Keyword(s):  
Basic Assumption ◽  
Contract Law ◽  
Basic Assumptions ◽  
The World ◽  
Erroneous Beliefs

Modern contract law accords considerable significance to the basic assumptions on which a contract is made. It thus takes to heart a failure of a belief whose truthfulness is taken for granted by both parties. Where the failure results from the parties’ mistake at the time of formation, “the contract is voidable by the adversely affected party,” if that mistake “has a material effect on the agreed exchange of performances” and unless that party “bears the risk of the mistake.”1 Where, in turn, the failure of such a basic assumption results from the parties’ erroneous beliefs about future states of the world, a party’s duty to render performance may be discharged if they are not responsible for the supervening impracticability or frustration and “unless the language or the circumstances indicate the contrary.”2

scholarly journals Paradygmat kontynuacji i zmiany – generalną przesłanką scholiologii i reform edukacyjnych

2021 ◽  
pp. 37-48
Author(s):  
Józef Kuźma ◽  
Keyword(s):  
Comparative Education ◽  
General Principle ◽  
School System ◽  
General Rule ◽  
Social Institution ◽  
Developmental Needs ◽  
The World ◽  
World Council ◽  
History Of ◽  
The Temple

The concept of paradigm has its origin in ancient Greece. Plato understood a paradigm as an idea or form, while Aristotle gave it the meaning of a particular pattern or model. The school, alongside the Temple, is the oldest social institution that meets the very important developmental needs of the young generations of society. It is shown in the article, based on the genesis of the school in various countries of the world, how in the history of the school there were periods of both development and stagnation. Major school system and program changes were carried out in accordance with the general principle of continuation and change. This means that everything that has worked well in the current practice of the school’s activities should be continued and the curricula and upbringing should be constantly enriched with new content, values, and experience, while consistently changing what is incompatible with current science and practice in programmes and the organizational sphere and, above all, outdated knowledge and teaching methods. This general rule should also apply to the reform of the Polish school system introduced in 2019. Only by observing the general principle of continuation and change can school reform achieve its intended goals. The fact that the optimal change paradigm is the guiding thought of learning about school or scholiology deserves to be emphasized in the presented article. The concept of scholiology met with positive feedback from many Polish scholars involved in school education, as well as Professor Mark Bray, Chairman of the World Council of Comparative Education Societies (University of Hong Kong, 2019).

scholarly journals Rethinking MAC Clauses in the Time of Akorn, Boston Scientific, and COVID-19

2021 ◽  
pp. 241
Author(s):  
Samuel Shapiro
Keyword(s):  
Contract Law ◽  
Boston Scientific ◽  
Economic Uncertainty ◽  
The World ◽  
The Face

The MAC clause is perhaps the most important clause in contract law, giving acquirers the ability to terminate even the largest agreements in the face of an often vaguely defined “Material Adverse Change.” For decades, even though MAC clauses have been present in nearly every merger agreement, courts have almost universally refused to enforce them. But the Delaware Chancery Court’s 2018 decision in Akorn may finally change that. As the world deals with the economic uncertainty caused by COVID-19, courts may soon get more opportunities to decide whether or not they will follow Akorn’s lead and begin to allow companies to exit agreements. In this Article, I argue that they should.

scholarly journals Prinsip Etika Global untuk Kota Modern Multikultural

2017 ◽  
Vol 2 (1) ◽  
pp. 209
Author(s):  
Togardo Siburian
Keyword(s):  
Fundamental Principle ◽  
Religious Ethics ◽  
Global Ethics ◽  
Global Ethic ◽  
Modern City ◽  
Global Consensus ◽  
World Today ◽  
The World ◽  
The Common ◽  
Religious Factors

ABSTRACT: This article aims to look at the principles of the idea of global ethics at the implementation of the advanced city in the present day or modern city. The concept of global ethics logically can be considered in a certain local as the common foundations of ethical living in this universal city. Using literature method, the author tries to positively see from the idea of a global ethic associated with globalism, pluralism, secularism, postmodernism, ecumenism and humanitarianism that form the concept of global ethics, which are selectively used to add the principle of good livelihood for the civilization of the world today. The author subsequently tries to see a multidimensional pluralistic city today with a conflict on religious factors, which require a more fundamental principle of unity and universal living. Therefore global ethics is not a substitute for existing religious ethics, but additional ethics for people of different religion without discrimination. So the principle can be implemented at a local anywhere, including major cities in Indonesia. KEYWORDS: city, modern, crisis, ethics, global, consensus, religions, for all

Sign in / Sign up

Export Citation Format

Share Document