scholarly journals Impact of Covid_19 on E-commerce (From a Legal Point of View)

2021 ◽  
Vol 15 (1) ◽  
pp. 1
Author(s):  
Khaled Abed Alshakhanbeh

The spread of the Corona virus and the closure of borders and the ban on travel and commercial bodies in companies, which resorted to many commercial activities, relying on a large scale, e-commerce, tourism in that, commercial relations, as a result of the inability to fulfill their contractual obligations, which led jurists to rely on the theory of emergency conditions to explain the impossibility or difficulty of fulfilling the obligations of the contractors on the terms of contracts, and as a result of the occurrence of many contractual problems, the affect of a virus on the capacity of contractors to fulfill their obligations. This article aims to analyze the impact of the spread of the virus on contractual obligations by relying on the force majeure theory, and the position of jurists on using this theory in explaining the impact of the spread of this epidemic on the ability of the contracting parties to fulfill their obligations. The researcher has come out with a set of results, the most important of which is that the new Corona virus can be considered an obstacle or a force majeure, based on what was stated in the contents of the provisions of the relevant bodies, and this will have legal and economic implications for the contractual obligations of the various international commercial contracts.

Legal Concept ◽  
2020 ◽  
pp. 31-40
Author(s):  
Yuliya Tymchuk

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.


2020 ◽  
pp. 6-19
Author(s):  
Davit Aslanishvili

This research focuses on the problem of large scale disproportion of success in the development of the banking sector and mostly unsuccessful development of the real sector of the economy. It should be noted that this disproportion is a subject of consideration in contemporary economic literature and our research is an attempt to broaden the issue and share ideas inside the international scientific circles. The main problem in the research is the impact of the banking sector's credit portfolio and the functioning of credit markets on the economic growth of the country. In this regard, it is very important to identify, study the macroeconomic stabilization and accelerated economic growth of the country and analyse the impact mechanisms of the credit market factors on economic growth. The conclusion that combines many of the research and opinions given in the survey can be as follows: From the economic point of view, the main function of banks is to increase the financing/lending of funds as the core point to increase investments in the economy. Thus, the development of the country in economic terms depends on the increase of investments. At present, it is in the hands of the banking sector whether to lead us to economic immobility or to accelerate the country's economic development through efficient allocation of resources.


Author(s):  
Lin Tian ◽  
Baojun Jiang ◽  
Yifan Xu

Problem definition: Mobile communications technologies and online platforms have enabled large-scale consumer-to-consumer (C2C) sharing of their underutilized products. This paper studies a manufacturer’s optimal entry strategy in the product-sharing market and the economic implications of its entry. Academic/practical relevance: Sharing of products or services among consumers has experienced dramatic growth in recent years. The impact of C2C sharing on traditional firms can be very significant. In response to C2C product sharing, many manufacturers (e.g., General Motors and BMW) have entered the product-sharing market to provide business-to-consumer (B2C) rental services in addition to outright sales to consumers. Methodology: We employ a game-theoretic analytical model for our analysis. Results: Our analysis shows that when C2C sharing has a low transaction cost and the manufacturer’s marginal cost of production is not very high, the manufacturer will find it not optimal to offer its own rental services to consumers. In contrast, when the C2C sharing transaction cost is high or the manufacturer’s marginal cost of production is high, the manufacturer should offer enough units of the products for rental to squeeze out C2C sharing (in expectation). When the C2C-sharing transaction cost and the manufacturer’s marginal cost are both in the middle ranges, the manufacturer’s rental services and the C2C sharing will coexist, in which case the manufacturer’s entry in the sharing market may reduce the total number of units of the product in the whole market, but increase the consumer surplus and the social welfare. This reduced number of products due to the manufacturer’s B2C rental service also suggests less environmental impact from production. Managerial implications: The production cost and the C2C sharing transaction cost play critical roles in determining the manufacturer’s optimal quantity to use for its B2C rental services and the equilibrium outcome. In some situations, the manufacturer’s entry in the sharing market provides not only economic benefits to the firm and consumers, but also environmental benefits to the society as a whole.


2013 ◽  
Vol 16 (04n05) ◽  
pp. 1350006 ◽  
Author(s):  
AKIRA NAMATAME ◽  
HOANG ANG Q. TRAN

Since social-economic systems increase interdependency, a crucial question arises: Is an interconnected world a safer or a more dangerous place to live? Over the last few years, we have witnessed the dark side of increasing interdependencies. As such, there is a growing need to focus on how to mitigate networked risk and to enhance the system resilience to the impact of a large-scale shock. The traditional engineering approach has been to design systems that are less vulnerable to damage from hazard events. On the other hand, system resilience is the ability to recover from failure and provide the continuity of system function. The goal of the present paper is to investigate the gain from risk sharing. We propose a mechanism of risk sharing that may enhance the resilience of the networked systems. The proposed risk sharing protocols are based on coordinated incentives of agents to survive collectively by absorbing external shocks. The key issue we would like to analyze is how the gain from risk sharing depends on the capacity of each agent to absorb shock and on the interconnections patterns among agents with risk sharing rules. We demonstrate that risk sharing is beneficial from a systems point of view when the agents' capacities to shocks is high and detrimental when it is low. In particular, we evaluate the effectiveness of risk sharing in two domains. In the first domain, in which networked agents have the possibility of cascading failure, risk sharing is useful in mitigating systemic failure, especially if the agents are running at high load. In the second domain, we evaluate the ratio of safe agents who invest in risky portfolios or projects collectively. In this case, risk sharing is only beneficial if the agents' risk absorbing capacity is high.


2010 ◽  
Vol 04 (02) ◽  
pp. 239-283 ◽  
Author(s):  
ELENA SIMPERL

The ability to efficiently and effectively reuse ontologies is commonly acknowledged to play a crucial role in the large scale dissemination of ontologies and ontology-driven technology, being thus a pre-requisite for the ongoing realization of the Semantic Web. In this article, we give an account of ontology reuse from a process point of view. We present a methodology that can be utilized to systematize and monitor ontology engineering processes in scenarios reusing available ontological knowledge in the context of a particular application. Notably, and by contrast to existing approaches in this field, our aim is to provide means to overcome the poor reusability of existing resources — rather than to solve the more general issue of building new, more reusable knowledge components. To do so we investigate the impact of the application context of an ontology — in terms of tasks this ontology has been created for and will be utilized in — has on the feasibility of a reuse-oriented ontology development strategy and provide guidelines that take these aspects into account. The applicability of the methodology is demonstrated through a case study performed in collaboration with an international eRecruitment solution provider.


Author(s):  
Ammar Shakier Mahmood ◽  
Ahmed Safaa Yahya Al Khateb

This pandemic Covid-19 or Corona virus is an urgent foreign cause to the whole world, including the parties to the contractual relationship who had no hand in the occurrence of that pandemic and are not able and able to avoid their effects, regardless of the efforts they have made in that. Mostly (a foreign force majeure led to obstructing the implementation of the obligation and making the debtor’s implementation of his obligation impossible. Through this, the researcher aims to explain the effect of this adaptation on contracts. The researcher committed to his research in the comparative descriptive approach in explaining the concept of the pandemic from a linguistic standpoint and its effects on commitment in general and contractual in particular And the researcher reached to impart the proper legal adaptation of the pandemic to which most of the countries of the world as well as the French judiciary go, which is that the pandemic "covid 19" arising from the spread of the Corona virus is a foreign reason that represents a force majeure that prevents the debtor from carrying out his commitment and makes its implementation of his commitment impossible.


2018 ◽  
Vol 21 (2) ◽  
pp. 52
Author(s):  
Frank Kessler ◽  
Mirko Tobias Schäfer

This article proposes a consideration of today’s discourses on ‘big data’ from a media archaeological point of view, confronting such discourses with those surrounding projects for large- scale image archives in the nineteenth and early twentieth centuries. Collections of photographs, stereographs and films were thought of as trustworthy and unbiased documents, that allowed for the production of new forms of knowledge. The expectations as to the impact of such new media that circulated at the time are not unlike those formulated today with respect to ‘big data’. It is only by scrutinizing those discourses, and specifically the role attributed to media technologies, that we can understand the processes that govern the production of each medium’s bias.


2021 ◽  
Vol 6 (2) ◽  
pp. 46-58
Author(s):  
Anwar Hidayat ◽  
Budiman

Perkembangan pandemi Covid-19 saat ini sangat mengkhawatirkan dimana terjadinya suatupeningkatan kasus corona khusus di Indonesia. Penelitian ini bertujuan untuk mengetahuidan menganalisis kebijakan yang diambil pemerintah dalam penanganan pandemi Covid-19serta langkah-langkah yang diambil pemerintah untuk menganggulangi dampak-dampak, terutama dampak dari segi ekonomi dan sosial akibat pandemi Covid-19. Metode penelitianhukum yang digunakan yakni metode penelitian hukum normatif. Adapun pendekatan yangdigunakan dalam penelitian ini adalah pendekatan perundang-undangan dan pendekatankonseptual. Penelitian ini berlandaskan pengaturan perundang-undangan yang mengaturmengenai penanganan dan penganggulangan pandemi Covid-19 serta analisis atas konseppenetapan peraturan perundang-undangan tersebut. Hasil dari penelitian ini adalah dalamrangka penanganan Covid-19, berawal dari pemerintah tmengeluarkan kebijakan tentangPembatasan Sosial Berskala Besar yang merujuk pada Undang-Undang Nomor 6 Tahun2018 tentang Kekarantinaan Kesehatan. Peraturan pelaksanaannya yaitu PeraturanPemerintah Nomor 21 Tahun 2020 tentang Pembatasan Sosial Berskala Besar, sertaKeputusan Presiden tentang Kedaruratan Kesehatan sampai dengan saat ini pemerintah telahmengeluarkan kebijakan PPKM yang dimana dilakukan secara berkala. Untukmenganggulangi dampak Covid-19 dari segi ekonomi dan sosial pemerintah mengambilbeberapa kebijakan-kebijakan, yang diantaranya adalah: Peraturan Menteri KeuanganRepublik Indonesia Nomor 23/Pmk.03/2020 tentang Insentif Pajak Untuk WajibPajakTerdampak Wabah Virus Corona; Peraturan Otoritas Jasa Keuangan Republik Indonesia Kata Kunci : Kebijakan, Penanganan, Covid-19 The current development of the Covid-19 pandemic is very worrying where there is anincrease in special corona cases in Indonesia. This study aims to identify and analyze thepolicies taken by the government in handling the Covid-19 pandemic and the steps taken bythe government to mitigate the impacts, especially the economic and social impacts of theCovid-19 pandemic. The legal research method used is the normative legal research method. The approach used in this research is a statutory approach and a conceptual approach. Thisresearch is based on the legislation governing the handling and handling of the Covid-19pandemic as well as an analysis of the concept of establishing these laws and regulations. The results of this study are in the context of handling Covid-19, starting with thegovernment issuing a policy on Large-Scale Social Restrictions which refers to Law Number6 of 2018 concerning Health Quarantine. The implementing regulations are GovernmentRegulation Number 21 of 2020 concerning Large-Scale Social Restrictions, as well as thePresidential Decree on Health Emergencies. Until now, the government has issued a PPKMpolicy which is carried out regularly. To address the economic and social impact of Covid- 19, the government has taken several policies, including: Regulation of the Minister ofFinance of the Republic of Indonesia Number 23/Pmk.03/2020 concerning Tax Incentives forTaxpayers Af ected by the Corona Virus Outbreak; Regulation of the Financial ServicesAuthority of the Republic of Indonesia Number 11 /Pojk.03/2020 concerning NationalEconomic Stimulus as a Countercyclical Policy for the Impact of the Spread of Corona VirusDisease2019; and Instruction of the President of the Republic of Indonesia Number 4 of2020 concerning Refocussing of Activities, Reallocation of Budgets, and Procurement ofGoods and Services in the Context of Accelerating Handling of Corona Virus Disease 2019(Covid-19). Keyword : Policy, Handling, Covid-19


2021 ◽  
Vol 7 (4) ◽  
pp. 60-68
Author(s):  
Hardi Tofiq Mustafa

The Corona pandemic that the world is experiencing is one of the most prominent global disasters today, and has become the subject of great interest from all countries of the world, especially since its effects were not limited to the health aspect only, but extended to the economic, legal, political and social aspect in the lives of individuals, which has resulted in countries entering into conflict with this pandemic by taking a set of preventive measures to combat its spread, and perhaps the most important of these decisions was the imposition of home quarantine on citizens and forcing social distance, in addition to terminating many commercial activities, , which leads to make the implementation of commitments almost impossible.  This research aims at determining the legal nature of the Corona pandemic, and whether it can be considered as a force majeure, or is it just an emergency? What is the impact of this pandemic on the deadline for submitting commercial papers for acceptance and fulfillment? Is the legal holder of the commercial transfer, who was not able to submit it for acceptance and fulfillment within the deadlines, considered a negligent holder? Or force majeure can apply here?


2021 ◽  
Vol 2 (4) ◽  
pp. 319-326
Author(s):  
Sunarmin Sunarmin ◽  
Ahmad Junaidi ◽  
Endah Fantini

Outbreaks of the new corona virus or Corona Virus Disease 2019 (Covid-19) are increasingly felt in the domestic economy, especially in terms of consumption, corporate, financial sector, and Micro, Small and Medium Enterprises (MSMEs). The existence of Large-Scale Social Restrictions (PSBB) that has been declared by the government most of the activities involving the public are restricted, such as offices or offices that are closed, restrictions on religious activities and restrictions on public transportation. The business world has not been separated from the shadows of the Corona Covid-19 pandemic. Instead of diminishing, some countries have confirmed that they will experience a second wave of pandemic that began in Wuhan, China. The purpose of this study is to find out whether the impact of Covid-19 will have a widespread effect on business entities and the sustainability of business entities. This research is a descriptive study, using the literature method where research is conducted by studying and collecting data from libraries related to tools, both in the form of journals and scientific studies of research that has been published in public journals. The results of the study concluded that the impact on Covid-19 had a significant influence on the development of the business world. The biggest influences occur in the mall/supermarket, hospitality, manufacturing and various businesses related to the use of mass labor. In this study, not many scientific writers have focused on examining the impact of this 19 on the business world in general. Although the fact in the field of influence of Covid-19 is clearly seen the fact in the life of the wider community due to many businesses limit / lay off and even deduct workers' income from the value of income received.


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