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Dear All,
I trust this message finds you in good spirits.
This is my first post to the community.
I have written an article that I am planning to submit for publication, however, I have trouble selecting the genre. My submission revolves around assisted suicide and includes elements of both criminal and Human rights Laws; it explores whether an individual assisting in the suicide is a murderer or not and also analyses the human rights considerations that concern the right to life. Most journals that I have researched either ask for the area of law or are specific to an area of law. i.e Criminal Law or Contract Law
I have never submitted an article before so please forgive any mistakes that I may have made in using the correct jargon whilst asking my question.
Kind Regards
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You might want to focus on one area of law not both to maintain the focus on the topic and avoid referencing to something that is not actually relevant but seemed relevant to you at first.
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the impact of technology on contract law
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In Vietnam, electronic contracts are not yet popular.
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Technology poses new challenges for the legal system. This question delves into the legal framework surrounding smart contracts. Some points to consider are contract law principles (e.g., intent, good faith, established rules for interpreting written agreements), code versus natural language, judges may require technology experts to understand the code, jurisdictional differences, adopting specific contract laws, and relying on existing frameworks, adapting to the rapidly evolving technology of smart contracts, dispute resolution mechanisms. Concerns that could arise from potential ambiguities are related to code bugs, unforeseen errors, unclear language, poorly written functions, external dependencies, oracles, and what else?
#research #question #researchquestion #smartcontract #smartcontracts #smartlegalcontracts #laws #regulations #tech #governance #emergingtech #ai #interpretation #ambiguities
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Courts have challenges when interpreting smart contracts. Smart contracts have a unique language and logical structure that experts cannot simply translate into standard human languages. Smart contracts' automatic execution may lead to changes in how they are interpreted forensically, maybe requiring the creation of a "reasonable coder" assessment. Defects in smart contracts are usually analyzed within the context of breach of contract or unjust enrichment principles rather than as grounds for nullification. It is important to assess how smart contracts affect interpretation systems by comparing them to standard-form agreements and applying appropriate interpretation criteria. The nature of smart contracts, whether they function as independent legal agreements or as instruments to carry out legal agreements impacts how they are understood. The legal system's compatibility with smart contracts and their possible application to intricate legal services in remote regions are crucial factors to address.
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Our study consists in noting the progressive apprehension in Iraq and French positive civil law of environmental legislation. The purpose of this study is to demonstrate that there is a functional and interactive relationship between civil law and current environmental concerns. These help to modify Iraqi civil law and force a rethinking of a number of its fundamental principles. When interacting with civil law, environmental concerns will primarily affect contract law. Finally, regarding contract law, environmental concerns affect the general theory by increasing the compulsory content of the contract and the content of named contracts. The environment is also becoming a fully-fledged object of new contracts which have as a direct or secondary purpose the protection of the environment. All the changes thus observed foreshadow a specific legal space, private and public, whose object is the environment and its protection. In view of these concerns, it is possible to wonder how the environment and the contract can really meet, consider each other and more broadly influence each other since, in fact, the environment is part of a long-term perspective. It is developing for current generations but also for future generations. As some authors argue, environmental law is intended to govern a general interest, whereas the contract is the tool par excellence for governing particular interests. But are general interest and particular interests diametrically opposed? Why can't the contract serve the environment? Of course, environmental law has its own instruments, such as impact studies or environmental responsibility, but doesn't this law deserve efficiency from all .
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WELL DONE
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Please refer to the attached PDF document for the full questions and additional information related to the posed question.
Thank you.
Irucka Embry, E.I.T.
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Please see the attached PDF document for additional questions and another useful quote.
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This issue involves what court has jurisdiction to hear the case, which involves an English person and an America. The American has been served a claim notice while on a visit to England. The American however, wants to question the Jurisdiction of the high court in London and want to know what European rules apply on allocation of Jurisdiction and their relevance since she is an American.
If anyone is willing to assist, I can give the summary of the case details, so that it case be understandable from your perspective.
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Yes, send us the topics and we can advise you
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What do you think what is the difference between Mandatory Overtime and slavery? and where is the line? Should it be allowed on the legislative basis that in some scenario employers would have a right to have mandatory not paid overtime requests > that employee can not refuse?
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very good question
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Is there a good review on if and how power system operators compensate/reimburse end-customers for black-outs (especially long interruptions with duration of hour or even days)? By contract, law, other regulation?
Comprehensive descriptions of international examples for regulation would also be helpful.
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Thank you for the summary of the US situation. I'm aware that there are different regulations across the world. For instance, I recently stumbled over a thesis ( ) that mentioned Finnish regulations with mandatory compensation (a function of the yearly bill and of the outage duration - but with reference to documents available in Finnish language only). That made me curious what other regulatory approaches might exist (and hoping, there might be a publication that provides an international overview).
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There are exclusions in Article 2(2). I understand that the focus is on contract law and international litigation and arbitration are its primary dispute resolutions.
However, I can make more sense of the New York Convention (1959), because they defer to national laws to make such exclusions.
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The Hague Convention on Choice of Court Agreements ("HCCCA") was done on 30 June 2005, at which time most signatory States had well developed national laws in the field of consumer protection. It made sense to exclude consumer contracts from the scope of the HCCCA in order to avoid obliging signatory States to weaken their respective national consumer protection laws.
See further the Principles on Choice of Law in International Commercial Contracts, approved on 19 March 2015 ("Principles"). Clause I.12 of the Principles makes the similar stipulation that the Principles "expressly exclude from their scope certain specific categories of contracts in which the bargaining power of one party – a consumer or employee – is presumptively weaker".
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Respected and dear Researchers, please help me to find court cases of good faith of contract of Islamic countries.... like arbitration where the judge applied during the decision good faith of Islamic contract law..like promissory estoppel, abuse of right, rule of situation changing..
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China is making her new Civil Code, though she has already several single laws such as Contract Law, Torts Law and Property Law (Sachenrechts) . The Author is taking part in the draft of Contract of the Code. Should Franchising Contract be regulated as a new normal contract in the Code? DCFR seems to suggest other countries to take this path.
Besides, how about making a new and independent law, Distribution Channels law, including Franchising, Commercial Agency and Commission etc.  This Law will be a positive response to Economy and Economics, probably. 
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The nominate contracts in the Civil Code serve two purposes: to provide a core framework for the particular contracts they stand for (sale, lease and hire, mandate, insurance etc.) and to act as guiding models for unnamed contracts which are entered into in practice and require more regulatory tools than are provided by the general principles of the law of obligations. The franchise relationship is technically all business, but often the franchisee is substantially less sophisticated than the franchisor and rules may be needed to guard against opportunism on the part of the latter. It makes sense to spell these out as a nominate contract. At the same time, that contract could stand model for other long-term relationships (relational contracts), beyond what is provided by the lease-and-hire and mandate contracts.
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I am looking for statistics related to forward contracts results e.g.: the tipical compliance percentages per product has been experienced in the practice when forward contracts are involved, or the bad debts percentage were not ever collected.
This is to determine a risk measure and what could be the real ROI for an investor. 
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Thank you Petros.
Your input is interesting and will analyze it for the research i am pursueing.
Kléber
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I have seen increased scholarship calling into question the default rule that expectation damages be awarded for a contract default. I am more convinced this is a legitimate question (although it is certainly not the prevailing law I have seen.) A tort seems to be at least as worthy of compensation to the injured as does the innocent party in a contractual contest. Yet, in tort, you are awarded your actual damages. In contract, actual damages would be what we usually call "reliance damages." We award reliance damages when it is difficult to measure expectation damages. Why is it not the other way around? Why not, instead, award reliance damages generally and expectation damages when reliance damages are difficult to determine? Can anyone point me to the most recent literature on this debate? It is a question both old and new, and I'd like to see what is the state of the art is on it. Also, feel free to state your own opinion on the matter. Thanks.
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The question relies on the deep basis of the distinction, not on the specific legal situation of one and other set of damages. In that field, the difference can be exposed as follows: the actual damage is the monetary valuation of a disadvantage derived from a fact considered as true, and the damages for expected benefits are the monetary valuation of a disadvantage and a fact considered as probable.Shortly: there is an epistemological difference. Obviously, the determination of an event as "true" or "prbable" do not keep on, within the legal practice, the rules of the scientific knowledge which are familiar to standard epistemology, since the legal practice operates within a institutional framework. But, philosophically speaking, that is the essential difference between one and other set of damages. 
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I am writing an article on Chinese sellers on Amazon. One legal question: when a German purchases from a Chinese seller on Amazon.de, is the location and contract law (not T&Cs) Germany or China?
On what legal basis to you base your opinion?
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Hi, Walter! In my opinion, first of all, you have to check if Amazon requires that sellers agree on the application of a particular law (to wit, if there is a choice of law clause when you apply to sell via Amazon). If there is no such clause, you have to check if the seller has a similiar clause in its general terms of contract. If there is no such clause, you have to check conflict of law rules. If we have a B2B sale under art. 41 Chinese Conflict law Chinese law shall apply, if we have a B2C sale, under art. 42 Chinese Conflict Law Germany law shall apply. In addition, you have to check if there are in force agreements between Germany and PRC regulating e-commerce.
However, you are examining a very interesting topic.
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Due to the 'restraint of trade' and 'undue influence' doctrines applied to contracts in the music industry does this give the exploiters of music a disadvantage in their bargaining power?
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I have some info about influence of Sufism on music.
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The doctrine of unconstitutionality is about how the court will decide a contract term being enforceable or not in case one party of the contract has more power than the other. This doctrine is well acknowledged in Common Law. There are many recognition of law relating to one-sided contract in Civil Law. But I am not sure of the official terminologies. Please advise me the theory or any studies relating. Many thanks.   
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Are you sure you mean "unconstitutionality" or do you mean "unconscionable" contracts? A contract that is unconsitutional would be against some specific section of some specific constitution. For example in the United States Constitution, Article 1, Section 10 it is unconstitutional for States to "impair the obligation of Contracts" fundamentally meaning the state legislature cannot pass a law nullify an existing contract. There are some contracts that might be unconstitutional because of some type of preemption, that is some government only has the power to regulate in a certain area and the private sector cannot do so. In the US contract law is not usually a matter of constitutional law.
On the other hand, the concept of "unconscionable" contracts, which seems to me what you are talking about, is developed in the common law. It is the idea that the court will not enforce a contract that is so unfair or one sided a reasonable judge cannot sleep at night if he/she enforces it. 
As with many studies looking at the effects of laws, you should talk to some economists, particularly those who study law and economics. The field of law and economics looks at this type of thing.
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Volumes have been written and there is a lot of resarch to suggest that Construction fails to use ICT, and more suggesting that it is the actual culture of the industry that poses the problem. But is it the Contract Law that now prevails that impedes ICT uptake?
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The problem with construction is cost, so even if there are guidelines in which must be met, if it is too costly the project could take decades. Generally (speaking from layman's terms here) a contractor wants to get a job finished as quickly as possible so he or she can get paid, if there are not enough funds then he or she will not be paid until such a time as the investor can produce enough funds to complete the project within legal boundaries. The other problem here is that building permits expire and have to be renewed (which is another high expense) so in order to complete a project within these guidelines a contractor may have to establish a line of communications with both the building inspector's office, and code enforcement to ensure that a structure is being built by both federal and state guidelines, plus each county adds in stipulations for each project. Contract law plays an important role in this process as well, if a contractor projects a time frame for the construction to be completed, then it is the contractor's responsibility to fulfill this "promise".
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Does anyone know where to find the ordinance for the Portuguese law obliging to provide information of inventories?
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I am conducting the comparative analysis of Islamic Law and Law Book of Manu regarding fiscal contracts (Business Contracts). I am in need of detailed commentary of Manu's Law Book, specially that explain the verses regarding Business Contracts.
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I would like to have a comparative idea of how is the situación in the different EU Member States. It will be interesting to have different perspectives of how useful can it be the criminalization of cartels in Competición Law. 
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This is  a brief paper for Veronica Pinotti and Martino S. gives you an idea where anti-trust is considered a crime in EU.
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Generally we know that Legal Due Diligence (LDD) can be performed in a business transaction before signing the contract. But how can it be performed in public projects? Should we use this term of LDD on legislation? Is there any guarantee that it will run well?
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The legal due diligence must be preceded by a pre-contract on the exchange of information and establish who will bear the cost of collection and analysis of information, among others.
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What contract clauses and terms do we often see in PBL contracts, but not in traditional contracts, because they deviate from or isn't present in traditional contracts? It would be very appreciated if someone would share their experiences  working with PBL or share some of the contractual clauses/terms.
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How does Performance-Based Logistics (PBL) contract derogate from traditional contracting?
I have been leading operations and contract logistics for the US military for nearly two decades, and new changes have been implemented based on transport and logistics performance. The government is now concerned with levels of service and time sensitivity to ports, forts, and shipyards. This may require freight tracking (GPS) in the future on all shipments, but some have it now.  I agree that traditional contracts have been looked upon as "old school".
Look for these types of government contracts to remain consistent in transport, supply chain, and logistics. For example, the new PBL contracts are similar to ranking soccer teams, where carriers, sub-contractors, and logistics firms are ranked and rated. The PBL ratings helps determine future volume and business allocation.
An A+ gets your logistics company more business with suppliers and government logistics officers. Computers will hold the data needed to determine future logistics contractors and freight carriers. I have been linked to military logistics for decades. The PBL is a tool used by all government logistics bases to understand the level of service and document mission failures. It has been in the works for a few years.
Great question!!!
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I am writing a paper pacing delays, where a contractor chooses to delay work he or she could have otherwise done due to a delay on the part of the owner. I found only a handful of resources, mostly all citing each other. Do you know of papers or resources that would be helpful to expand my literature review?
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Are you sure that you are asking the right question for lit. rev.? One way to do it is to think at the contractual reciprocal obligations (these are synallagmatic contracts in continental civil law) involved in these contracts (you may contextualize to public contracts, etc) determine the  theoretical issues involved (i.e. in synallagmatic contracts owner is preempted to ask for execution if she did not deliver on her obligation-what theory you have behing preemption?...)  and then look for the literature under these headings and match to your situation. It won't be easy, but I guess that you will find plenty of literature....