scholarly journals Kedudukan Hukum Dropshipper dalam Transaksi Jual Beli Online

2021 ◽  
Vol 4 (6) ◽  
pp. 2223
Author(s):  
Belinda Dwi Tamara

AbstractNowadays, online buying and selling transactions are becoming a trend for running a digital business. In marketing a product in the digital world, the role of a trade intermediary is needed to bridge the spread of information and / or specifications for a product widely from various groups, namely the dropship system. The existence of the dropshipper creates a legal relationship between the parties, namely the dropshipper with the seller and the dropshipper with the buyer. If the dropshipper manages to get a prospective buyer, the dropshipper orders the prospective buyer order from the supplier of the goods. It is the supplier of the goods who sends the product to the buyer on behalf of the dropshipper. Thus, it creates a legal position for the dropshipper and the dropshipper's accountability in the online buying and selling transaction process.Keywords: The Dropshipping System; Online Buying and Selling Transaction; Responsibility; Intermediary Traders.AbstrakSaat ini, transaksi jual beli online menjadi suatu trend untuk menjalankan suatu bisnis digital. Dalam pemasaran suatu produk didunia digital diperlukan peran perantara dagang guna menjembatani penyebaran informasi dan/atau spesifikasi suatu produk secara luas dari berbagai kalangan yaitu sistem dropship. Adanya dropshipper tersebut menimbulkan suatu hubungan hukum antar para pihak yaitu dropshipper dengan penjual dan dropshipper dengan pembeli. Jika pihak dropshipper berhasil mendapatkan calon pembeli, maka pihak dropshipper memesankan pesanan calon pembeli kepada supplier barang. Supplier baranglah yang mengirimkan produk tersebut kepada pembeli dengan atas nama pihak dropshipper. Dengan demikian, menimbulkan suatu kedudukan hukum bagi dropshipper dan tanggung gugat dropshipper dalam dari proses transaksi jual beli online. Kata Kunci: Sistem Dropship; Transaksi Jual Beli Online; Tanggung Gugat; Perantara Dagang.

2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
Наталья Семилютина ◽  
Natalya Semilyutina

The article analyses the origins of comparative civil law studies in Russia starting from the reforms of tsar Peter I. The author understands comparative civil law as a branch of legal science that makes comparative law studies applying the civil law methodology. The civil law methodology is applied by a researcher who studies legal relationship between the parties which are in equal legal position. The analysis of legal rules of various countries, regulating of alike legal relationship in different countries affords to find the best way to regulate the corresponding relationship. The purposes of comparative analysis varied in various periods of the development of Russia. The role of the Institute and the comparative law studies related to civil law are also the subject of the present article. Within the article the author pays attention to tendencies in the foreign civil law regulation such as extraterritorial application of the rules of law, or the effect of the public interest presence.


Author(s):  
Liliya Mezhevska ◽  
Valeriya Vasylchenko

The participation of a lawyer is a fundamental component of the trial. After all, there are many people who need qualified legal assistance, primarily to protect their rights and interests. However, the current legislation of Ukraine regulates the legal relations of procedural representation in different ways, especially with regard to the provision of legal assistance and the performance of functions in court by a lawyer. This question requires a new comprehensive study, taking into account the peculiarities of the legal position of a lawyer in economic and procedural legal relations as their subject and on its basis the following provision: taking into account the special role of a lawyer as a person providing legal assistance. requires a separate regulatory regulation. Introduction of norms in the legislation that will be more in line with the direction of strengthening the protection of the rights and legitimate interests of participants in commercial proceedings during the proceedings in the commercial court, provided that their interests are represented by a lawyer. Thus, we can conclude that the specifics of the lawyer in the commercial process is determined by the specifics of the commercial proceedings.


2013 ◽  
Vol 83 (1) ◽  
pp. 15-39 ◽  
Author(s):  
Jennifer Groff

In this article, Jennifer Groff explores the role of the arts in education through the lens of current research in cognitive neuroscience and the impact of technology in today's digital world. She explains that although arts education has largely used multiple intelligences theory to substantiate its presence in classrooms and schools, this relationship has ultimately hindered the field of arts education's understanding of the relationship between the arts, human development, and learning. Emerging research on the brain's cognitive processing systems has led Groff to put forth a new theory of mind, whole-mindedness. Here she presents the evidence and construct for this frame of mind, how it sits in relation to multiple intelligences theory, and how it might redefine the justification for arts education in schools, particularly in our digitally and visually rich world.


2018 ◽  
Vol 4 (2) ◽  
pp. 95-118
Author(s):  
Edward Wertheim ◽  
Leonard Glick ◽  
Barbara Zepp Larson

This interactive negotiation exercise was primarily developed for situations where only one or two sessions could be devoted to teaching negotiations. The exercise, which is conducted by the instructor with the whole class, involves a two-party negotiation that puts the students in the role of a board member for a nonprofit camp, negotiating with a prospective buyer whose positions are presented sequentially by the instructor. There are multiple decision points during the exercise, each of which requires students to recommend specific tactics or offer amounts. Students come out of the exercise with a greater understanding of the basics of negotiation including negotiation planning; when to make a first offer; how to determine goals, targets, and walkaways; ZOPA; reciprocity; anchoring; emotions; overcoming impasses; and distributive versus integrative negotiations. The exercise has been used in graduate, undergraduate, and executive education settings and is also well suited to a onetime presentation or a workshop.


2021 ◽  
Vol 7 (1(82)) ◽  
pp. 12-16
Author(s):  
R. Truhan

In the science of civil law, two approaches to the understanding and interpretation of accessory have been formed.  The first approach can be defined as the understanding of accessory in the "narrow" sense, the second - in the "broad" sense. Russian civil law contains signs of accessory in the "narrow" sense. For this reason, the problem of the concept of "accessory" is seen, which is subject to the identification of an accessory legal relationship with a security obligation, which in turn impoverishes the idea of the role of accessory in the system of legal relationships. With the development of circulation and the complication of law, examples of accessory legal relations of a different kind appeared that were not related to security obligations, i.e. "Broad" understanding of accessory, which has an auxiliary, secondary nature of the obligation, which can not always have a security focus.  Russian arbitration courts have developed a number of rules to make up for the shortcomings of the institution of accessory in Russian civil law, and the possibility of using accessory in the "broad" sense. It is concluded that de jure the concept of accessory in Russian civil law is reflected in the "narrow" sense, and de facto, accessory is applied in the "broad" sense.


2018 ◽  
Vol 27 (3) ◽  
pp. 73
Author(s):  
Marzena Myślińska

<p>The subject of this article is the analysis of the activity undertaken during mediation in the context of the characteristics of the mediation process and the normative conditions of the legal relationship and disputes resolved through this form of ADR. In order to implement the project, the content of the work will contain a list of functions performed by the mediator during mediation as ‘the environment for performing the role’ (which is not closed due to the dynamics of interaction in the negotiations). Their character and content determine the nature of the social and professional role of mediators in the Polish legal order, it also allows us to illustrate in detail the key issues for reflection on the professional role, including, for example, legal liability and conflict of roles. Mediation functions are diversified in terms of the frequency of their implementation depending, among other things, on the strategy of conducting mediation, the specificity of the dispute and the legal regulation of mediation. The discussion of the last of the indicated differentiating factors (i.e. the impact of universally binding law) will be reflected in the content of the paper.</p>


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Suhail Bhat ◽  
Sheikh Basharul Islam ◽  
Umer Mushtaq Lone

PurposeThe study is aimed to identify the determinants of online buying behavior and their associations with the consequences of online buying behavior. The study adopted an e-loyalty framework and investigated causal links among functionality, usability, trust, commitment and loyalty. In addition, the study also attempted to investigate the mediating role of trust and commitment between online buying determinants and online purchasing outcomes. The demographic variables of age, gender and income are used as control variables.Design/methodology/approachAn online questionnaire survey was conducted on Internet users by adopting purposive sampling technique. Confirmatory factor analysis (CFA) was employed for measurement development, SEM was used for testing causal links, and percentile bootstrap with 95% confidence interval was used for mediation analysis.FindingsSignificant positive relationships were found among functionality, usability, trust, commitment and loyalty. Trust was found to fully mediate the effect of functionality and usability on loyalty. It was also found that commitment fully mediates the effect of functionality on loyalty.Research limitations/implicationsHowever, caution is advised while generalizing results of this study. The study was conducted on online retailing only. The authors recommend future studies to extend the research in other e-commerce sectors and also to perform a comparative study between online and offline retailing.Practical implicationsThis study provides some practical implications to website developers in designing a web page that caters the functionality and usability aspects in understanding e-loyalty formation process so that appropriate marketing strategies and tactics can be established to accommodate customized loyalty of each customer.Originality/valueThe study demonstrates the customer loyalty formation process in online retailing. Scanty literature has witnessed mediating role of trust and commitment in the relationships among functionality, usability and loyalty along with age, gender and monthly family income as controls in Indian sub-continent.


2021 ◽  
pp. 91-120
Author(s):  
Jonathan Reades ◽  
Martin Crookston

We focus on the people and asks what role does personal choice and interaction play? The key issue here is the role of face-to-face interaction in the transfer of complex, uncertain knowledge. It analyses the different sorts of knowledge and relationships involved in day-to-day exchanges. This leads on to the milieux for such exchange, from meetings to bar-chat to the digital world; and to the need (or not) for frequent access to each other, and thus to the communication networks: digital in all cases, physical to varying degrees in others. This need varies according to the differential importance of knowledge, confidence and judgement across sectors and firms. All of it is more or less amenable to replacement by ICT; the questions explored are: what is the core of irreplaceable contact, to whom does it still matter and, consequently, what are the locational effects for cities and their hinterlands?


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