scholarly journals The Impact of the Merchant’s Confession in the Development of Business Law during the Siglo de Oro: the Casuistic Approach of Tomàs de Mercado and Martin de Azpilcueta to Commercial Law.

2021 ◽  
Vol 2 (1) ◽  
pp. 141-164
Author(s):  
Alexis Audemar
Keyword(s):  
Civil Law ◽  
Business Practice ◽  
16Th Century ◽  
Siglo De Oro ◽  
Business Law ◽  
Commercial Law ◽  
Commercial Activity ◽  
Christian Morality ◽  
Economic Practices ◽  
The Impact

In 16th century Spain, the confessor and the merchant had a privileged relationship, resulting from the new economic practices induced by the Great Discoveries. The merchant must, for the salvation of his soul, engage in commercial activity in accordance with Christian morality. Through confession, the confessor provides legal and theological advices necessary to achieve this purpose, but also judges the morality of his penitent by deciding whether or not to absolve him. Therefore, the confessor must know both the Christian moral precepts designed to govern business life, and the institutions of civil law used in business practice. An issue raised by the penitent is a case of conscience, which the confessor must resolve by formulating a moral resolution. This resolution could be a certain or only a probable one, and therefore subject to debate against other probable opinions. These resolutions were then incorporated among others into the casuistic literature that was to be diffused throughout Europe for the use of both confessors and penitents.

Dampak Covid 19 Terhadap Praktik Jual-Beli:

2020 ◽  
Vol 5 (1) ◽  
pp. 27-47
Author(s):  
Sitti Aisyah. M Aisyah ◽  
Sappaemi
Keyword(s):  
Qualitative Research ◽  
Research Methods ◽  
Business Strategy ◽  
Qualitative Research Methods ◽  
Business Practice ◽  
Corona Virus ◽  
The Impact ◽  
Islamic View

The Corona virus pandemic exploited by irresponsible elements.  They do a cunning business strategy, which is to hoard goods, in fiqhi terms known as iḥtikār. In the Islamic view, iḥtikār is a prohibited business practice and will be met with a painful punishment in the afterlife.  The purpose of this paper is to provide an understanding about the impact of COVID 19 on the practice of buying and selling (iḥtikār).  This paper uses qualitative research methods in the form of library reseach using the shar'i approach.  From this study it can be concluded that the behavior of hoarding goods with the aim of reselling them at high prices to obtain large profits.  In Islamic Shari'ah, iḥtikār‘s law is haram because it contains elements that harm others.  This is very clearly stated in QS al-Humazah/109: 1-2 and punished by sin as stipulated in the hadith of the Messenger of Allah.

scholarly journals COVID-19 as a Catalyst for the Transformation of Contractual and Enforcement Practices

Legal Concept ◽  
2020 ◽  
pp. 31-40
Author(s):  
Yuliya Tymchuk
Keyword(s):  
Civil Law ◽  
Digital Technologies ◽  
Legal Method ◽  
Force Majeure ◽  
Logical Method ◽  
Coronavirus Infection ◽  
Business Entities ◽  
Contractual Obligations ◽  
Settlement Of Disputes ◽  
The Impact

Introduction: the article provides an overview of the impact of the coronavirus pandemic (COVID-19) on treaty and enforcement practices. The most common methods of conclusion of civil-law contracts, as well as problems of fulfillment of contractual conditions, which arose against the background of spread of coronavirus infection, are considered. Legislative innovations were analysed, which led to a change in the procedure for the execution of certain types of civil law contracts, court practice, in which the legal position of the parties was based on arguments about the coronavirus pandemic. Methods: this study used both public science (dialectical method of cognition, analysis, synthesis, formal-logical method, prognostic, etc.) and private science methods (formal-legal, method of legal interpretation, etc.). Results: it is justified to increase the demand for digital technologies in the context of measures taken by the state to prevent the spread of coronavirus infection. New trends in contract practice have been identified and considered. The possibilities of legal qualification of coronavirus as a force majeure, the circumstance that makes it impossible to fulfill obligations, a significant change of circumstances, including taking into account the available judicial practice at the time of writing, have been determined. Online settlement of disputes arising from non-performance of contractual obligations has been proved to be useful. Conclusions: based on the results of the study, the interdependence between the level of introduction of digital technologies into public administration, the judicial system, the economic activity of business entities and the possibility of adaptation to the conduct of current activities in these spheres in the context of the spread of the crown virus has been determined.

scholarly journals Commercial and Legal Regulation of Advisory Services in the Ukrainian Agrarian Business Prospect Reform

2020 ◽  
Vol 9 (3) ◽  
pp. 538
Author(s):  
Inna Kovalchuk ◽  
Olesia Melnyk ◽  
Anna Pakhomova
Keyword(s):  
Agricultural Sector ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Commercial Law ◽  
Commercial Activity ◽  
Advisory Services ◽  
Consulting Services ◽  
Agrarian Policy ◽  
Fourth Level ◽  
Agricultural Business

The article is devoted to theoretical and practical aspects of reforming the commercial and legal regulation of advisory services in the agrarian business of Ukraine. The characteristic of agricultural advisory activity model structure in Ukraine is given, which currently consists of several levels of subjects of such activity: the first level - national, nationwide; second level - regional; third level - local; fourth level - personal. Particular attention is given to the legal analysis of the essence of "advisory services in the agricultural business" as a type of commercial activity, and taking into account the provisions of the current legislation, it is proved that in its essence and legal nature - agribusiness advisory is an institution of commercial law. The article examines and characterizes a typical business agreement for the provision of advisory services in the agricultural sector of the Ukrainian economy, the essential conditions for this type of contracts are given, and their characteristics are defined. The advisory activity is seen as an effective instrument of state agrarian policy. Keywords: commercial and legal regulation, advisory service, advisory activity, agrarian business, advisor, expert consulting services, consulting

scholarly journals Glosa do wyroku Sądu Najwyższego z dnia 17 października 2018 r. (II KK 73/18)

2020 ◽  
Vol 29 (1) ◽  
pp. 291
Author(s):  
Cezary Kulesza
Keyword(s):  
Supreme Court ◽  
Criminal Liability ◽  
Civil Law ◽  
Complex Behaviour ◽  
The Supreme Court ◽  
Bank Employees ◽  
The Impact

<p class="PreformattedText">The gloss refers to the problem of the impact of bank employees’ performance on borrowers’ liability for fraud. The author approves the view formulated in the thesis of the Supreme Court that the employees of the injured bank were obliged to exercise special diligence in checking the accuracy of the documents submitted by the accused necessary to obtain a loan. The position taken by the Supreme Court in the commented judgement can be considered as at least a partial departure from the previous jurisprudence of the Supreme Court accepting that the victim’s contribution to the occurrence of fraud is not relevant to the responsibility of the perpetrators. The author, starting from the results of victimological research, accepts the view that the basis of criminal liability for fraud is the complex behaviour of the perpetrator (extraneous) and representatives of the injured bank (intraneus) and their mutual activity. In the last part of the commentary, the author indicates the specific obligations of banks when granting loans. He also emphasizes the inclusion in civil law of the victim’s contribution to damage as a basis for its mitigation.</p>

scholarly journals Understanding the Unlawful Acts (Problems and Challenges) A Book Review ‘Perbuatan Melanggar Hukum’, Prof. Dr. R. Wirjono Prodjodikoro, SH., CV Mandar Maju, Bandung, 108 Pages, ISBN 978-979-538-470-0

2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Natanael Andra Jaya Nababan
Keyword(s):  
Primary Education ◽  
Civil Law ◽  
Civil Code ◽  
Commercial Law ◽  
East Indies ◽  
Dutch East Indies ◽  
The Law ◽  
Broad Meaning

Book witen by Prof Dr. R. Wirjono Prodjodikoro, Wirjono was bor in Surakarta, Dutch East Indies, on 15 June 1903. After completing his primary education, he attended the Rechtsschool I in Batavia, graduating in 1922. He then became a judge, later taking time to study at Leiden University in Leiden, Netherlands. This book talks about acts that can violate laws which are viewed from the point of civil law. I The term "unlawrful acts" in general is very broad meaning that is if the word "law" is used in the broadest sense and the matter of legal conduct viewed from all angles. Now the act of violating the law will be discussed smply because there are consequences and solutions that are regulated by the Civil Code in the broadest sense, which includes commercial law. This needs to be stated I here, because Article 102 of the Provisional Constitution distinguishes Civil Law from Commercial Law.

The Impact of Illegal Business Practice on Shareholder Returns

1996 ◽  
Vol 31 (1) ◽  
pp. 67-85 ◽  
Author(s):  
Alan K. Reichert ◽  
Michael Lockett ◽  
Ramesh P. Rao
Keyword(s):  
Business Practice ◽  
Shareholder Returns ◽  
The Impact

Commercial activity of the Russian shipping company “Caucasus and Mercury” in Persia in the context of public-private partnership in the second half of the 19th — early 20th centuries

2021 ◽  
Vol 2021 (04-1) ◽  
pp. 94-108
Author(s):  
Gadilya Kornoukhova ◽  
Marina Moseykina
Keyword(s):  
Caspian Sea ◽  
Caspian Region ◽  
Private Business ◽  
Russian Government ◽  
The Caspian Sea ◽  
Commercial Activity ◽  
Private Partnership ◽  
Shipping Company ◽  
Merchant Shipping ◽  
The Impact

The article analyzes the activities of the joint-stock shipping company «Caucasus and Mercury» in the Persian market, reveals its place in trade and economic operations in the Caspian region as a whole. The authors aim to find out the degree of effectiveness of public-private cooperation in the development of a separate transport company, «Caucasus and Mercury», as well as the nature of the impact of this partnership on the development of commercial shipping in the Caspian Sea. The authors analyzed the processes that took place in Russian government and private business circles in the field of merchant shipping in the Caspian Sea.

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