Conclusion of business contracts in the field of electronic commerce

The epidemic caused by the SARS-CoV-2 virus (COVID-19) has necessitated the search for new formats of doing business. Companies that have taken the initiative and taken advantage of e-commerce have been able to achieve significant success. This article is devoted to a comprehensive analysis of the legislation of Ukraine on the subject of legal regulation of requirements for the form, content and procedure for concluding a business agreement in the relevant field. The main requirements related to the specifics of the implementation of contractual relations in this area are primarily related to the circulation of electronic documents, as well as the need to certify the integrity of the data transmitted by them. As a result of the study, it was found that the basic requirements for concluding a business contract in the traditional form remain relevant in the field of e-commerce. At the same time, the legislation over-regulates some aspects of the contractual relationship, leaving the parties little freedom to choose modern means of communication.

Perlindungan Hukum Bagi Para Pihak dalam Kontrak Bisnis Melalui E-Commerce Sebagai Akibat dari Resesi Ekonomi

The development of globalization which has become global today, has made several changes in the trading system. E-Commerce or what is often referred to as electronic transaction is a trading activity carried out online by business actors and consumers in conducting trading activities. If a dispute arises between the parties as a result of electronic transactions, especially in Indonesia regarding electronic transactions, it has been specifically regulated in Law no. 11 of 2008 concerning Information and Electronic Transactions in order to provide legal protection to the disputing parties. This study aims to examine the legal arrangements in buying and selling transactions through E-Commerce and revealing legal protection for parties in E-Commerce as a result of the economic recession. In processing research data using normative legal research with a Legislative approach. Sources of data used are primary and secondary legal data obtained through literature study. After the research data has been collected, the last stage is to process the data with descriptive qualitative methods. The results of this study indicate that the legal protection provided to the disputing parties as a result of a business contract carried out using an electronic transaction system is by filing a lawsuit in a commercial court by attaching evidence of an electronic business contract that has been agreed upon by the parties. legal as regulated in Law no. 11 of 2008 concerning Information and Electronic Transactions, which aims to provide protection to the disputing parties in the midst of an economic recession that has hit almost all countries in the world today.

Contract Farming towards Social Business: A New Paradigm

The current paper conceptualises an innovative, sustainable social business contract farming model by blending three essential business aspects, namely, relational norms, social capital, and social business dimensions. In the case of contract farming, evidence shows that the social aspect and social business-based contract farming model are over-sighted. This study offers an efficient social business contract farming model by, first, reviewing the conventional contract farming model and, secondly, by developing and proposing a robust, multidimensional model for contract farming. This proposed framework may have profound implications for the agriculture sector and may provide a strong sustainable contract farming management guideline for the global agriculture industry.

Pandemi Corona Sebagai Dalil Force Majeure Dalam Pembatalan Suatu Kontrak

This article aims to analyze the corona pandemic categorized in Force Majeure in a contract. This problem is focused on the existence of the Corona pandemic, which can make debtors delay in fulfilling achievements or canceling contracts. How to claim Force Majeuree in a business contract. In order to approach this problem, a normative juridical legal research type is used with a descriptive-analytic nature of research aimed at describing it systematically, factually. Data - data collected through secondary data and analyzed qualitatively. Covid-19 can be categorized as force majeure, used as an excuse for the debtor not to fulfill the contract. Force majeure conditions cannot be used as a reason for canceling a contract, but renegotiation can be carried out to cancel or change the contents of a previously agreed contract. With Covid-19 being able to make debtors delay in fulfilling their achievements or canceling contracts, Covid-19 is considered to be a force majeure depending on the meaning of force majeure if it is included in the contract. As long as the affected party is able to prove that the force majeure conditions have been met. How to claim force majeure in a business contract in the Covid-19 era, claim force majeure based on appropriate legal references. The claiming parties must analyze whether a pandemic, disaster or government action applies certain provisions including the scope of force majeure accommodated in the contract.

The Language Features and Translation of Business Contracts

Since the reform and opening up policy was adopted, Chinese economy has been keeping on developing with high speed, so as to its international trade. Therefore, English business contracts are widely used in the foreign economic and trade activities. However, we also find that there are still many foreign-related economic disputes which mainly caused by the ambiguity of translation happening in these trades. Due to the unclear rules of the parties’ obligations and rights, the improper translation of the contract, the meaning vague and the loose broad, the parties are tracked in this situation where any part of them could intentionally or unintentionally exploited a contractual loophole to avoid responsibility and obligation, which would lead to a dispute. The distortion of translation can lead to the fuzziness and uncertainty of contract which can be easily exploited by commercial fraud to evade responsibility; this situation is happened in reality and practice which has negative impact on foreign relations and trade. In order to make the business activities carried out more effectively, this article will discuss it mainly from the perspective of lexical characteristics and translation principal of business contract in order to make the translation be more accurate to benefit international business trade.

TINJAUAN HUKUM KEADAAN MEMAKSA(FORCE MAJEURE) DALAM PELAKSANAAN KONTRAK BISNIS PADA MASA PANDEMI COVID-19

The Legal Review of Force Majeure in the implementation of business contracts during the covid-19 pandemic objectives of knowing whether covid 19 pandemic defined by the government as a national disaster which can be classified as a force majeure in the implementation of business contract and to find out how to solve the law against default in the implementation of business contract during the covid 19 as a national disaster. The library research, namely the research conducted in the library where the data is obtained from available data by reading and studying books such as laws of regulation, Scientific works, dictionaries and so on. Based on the method used, the result of this study indicate that force majeure is relative, so the cases that occur must be studied first, because not all the parties get loss but some of them get profit, for the implementation of achievement can be done by considering great effort and sacrifice. Relative Force Majeure is exemption from lost and interest costs, but not for cancelation of agreement. A right solution to solve from dispute is by negotiating with the parties, because the covid 19 pandemic it’s self is a new event.

Kekuatan Hukum MoU Dari Segi Hukum Perjanjian

Prior to a business transaction, initial negotiations are usually carried out. Negotiation is a process of trying to reach an agreement with other parties. Negotiation is also an instrument that bridges the various interests of business actors in formulating their rights and obligations. It is in this negotiation that the bargaining process takes place. The next stage is the making of a memorandum of understanding, which in this writing is abbreviated as MoU. This study aims to examine whether the MoU can be used as a preliminary agreement as well as the legal strength of the MoU in terms of contract law. This research methodology uses normative legal tracing, primary and secondary legal materials with a statutory approach and a conceptual approach. Based on the research results, in a business contract, the negotiations carried out by the parties are outlined in the MoU as the initial agreement. If in the preliminary agreement stage there is a cancellation unilaterally, then as a legal consequence, the party making the cancellation must be responsible for the losses incurred. This form of responsibility is in the form of refunding costs incurred during negotiations and compensation for lost opportunities to enter into contracts with third parties.

Renegosiasi sebagai Upaya Penyelesaian Wanprestasi dalam Kontrak Bisnis Selama Masa Pandemi Covid-19

Government policies due to the spread of Covid-19 have caused a weakening economic impact due to restrictions on community activities as well as business activities including the implementation of business contracts. The realizing of the rights and obligations of the business contract is hampered, and even there is the possibility that it will not be carried out which caused non-performance of contract. One of the contracts that caused it during the pandemic is the banking sector which refers to credit contracts. The research method used is normative research with statutory and approach. The technique of collecting materials applied in this research is literature study in the form of literature, journals and the results of previous research and documentary studies. in the form of a collection of the documents with interpretation and review through statutory regulations based on primary and secondary legal sources. The results shows that the legal consequences of renegotiation on the implementation of business contracts during the Covid-19 pandemic have generated goodwill from the parties in the contract where both parties act with consideration of the interests of the other party as well as during the current pandemic where creditors must pay attention to the interests of the debtor and the role The government in its efforts to settle business contract defaults during the pandemic is to implement a countercyclical policy.