In the intricate realm of contractual law, the condition precluding action serves as a critical safeguard, ensuring that specific legitimate interests are protected within contracts and wills. This research examines this condition’s validity when based on a legitimate motive and for a reasonable duration. The study highlights a case involving an owner who violates this condition by engaging in acts such as sale or gift, raising important questions regarding the legal penalties associated with such violations. The primary objective of this research is to provide a comprehensive understanding of the legal consequences of breaching preventive clauses and to analyze how Egyptian, French, and Palestinian laws protect the interests of the stakeholders involved. The methodology adopted in this study is comparative in nature, involving a thorough analysis of the legal texts from Egyptian, French, and Palestinian laws. This involves a review of legal scholars’ opinions and relevant judicial rulings to highlight the differences in penalties and applications associated with preventive clauses. The findings reveal that both Egyptian and French laws advocate for the invalidity of actions carried out in violation of these preventive conditions. However, there is a divergence among scholars regarding the nature of this invalidity, with some arguing for absolute invalidity while others suggest relative invalidity. Conversely, the Palestinian legal framework prescribes specific penalties, indicating a variance in legislative approaches. The research concludes that the current legislative treatment of preventive conditions is insufficient and requires reform to ensure effective legal protection for affected parties. This leads to policy implications emphasizing the need to strengthen legal frameworks and enhance the clarity of legislative intentions in formulating laws related to preventive clauses. By doing so, the study aims to facilitate the achievement of legitimate interests for parties involved and ensure the enforcement of preventive conditions in a manner that upholds contractual integrity.
New Institutional Economics (NIE) uses solutions from law, economics and organization. The purpose of this article is to link in a single analytical approach the institutional environment, its change in the organizations uniting in one, what is happening in contracts with agricultural lands. The explanation of this type of governance means to integrate: theoretical definitions; formal rules (laws, court decisions and other legal acts); economic institutions—means and mechanisms of exchange; legal and economic forms in which, through governance of transactions property rights are transferred and protected. In order to achieve this goal, it is necessary to present the elements of the institutional matrix that are the cause of changes in subordination and coordination. Following the process of implementing an approach for reconciling the legal and economic nature of the contract forms and integrating the states, contract organizations and transaction costs in a common model. In order to solve the research problems tasks are adapted methods from law, economics, statistics. Such are: (a) positive legal analysis of legislation; (b) historical (retrospective) method of analysis of changes; (c) discrete-structural analysis to explain the process; (d) comparative-institutional analysis to clarify alternatives and an explanation of any of the effects; (е) regression analysis to model the relationships and present possible one’s scenarios to show the direction in which changes are needed. Changes in legislation, legal forms, mechanisms and the amount of payments create new behavioral patterns that change the contract. Therefore, in retrospect, we are witnessing how the number of changes in legal acts, the amount of fees; the number of participants-administrators of the processes; the number and registers - change the number of transactions; the duration of the actions in the contracts, which ultimately predetermines the different amounts of transaction costs for agricultural lands. This interdependence was established by constructing an econometric model. The analysis presents opportunities for change that would lead to scenarios with a reduced level of transaction costs, that is, improving governance and showing the way to improve the institutional environment related to agricultural lands in Bulgaria.
The author puts forward the idea that decentralized finance doesn’t act without managerial influence. The management moves from the external circuit to the internal one, there occurs self-ruling and “self-regulation” of the financial system. This indicates the appearance of a new type of financial intermediation—a cyber-social one. The potential of using decentralized finance in post-Soviet countries are formulated the following: freeing up the time of transaction participants due to the autonomy of transactions; a superior degree of information security compared to traditional forms of financial intermediation; financial intermediation cost saving, freeing up human resources; reduction in the speed of transactions; increasing accuracy in contractual relations due to the elimination of the human factor influence; stimulating the development of new business areas expands the competitive environment; information safety due to the constant creation of a large number of backup copies. At the same time, the author identified and substantiated the risks associated with decentralized financial flows, which may have an impact on the well-being of the population of post-Soviet countries. The purpose of this study is to determine the prospects for applying decentralized finance as a growth factor in the well-being of the population in post-Soviet countries.
As an essential principle in contract law, Indonesia has regulated good faith in the Indonesian Civil Code (the Dutch Civil Code that the Indonesian government uses based on the principle of concordance). However, the definition and benchmarks are not yet clear. There are no further provisions regarding the meaning and concept of this principle in the Indonesian Civil Code or other regulations. This absence of a single understanding of good faith principle in contract causes different opinions and legal certainty, whether from the business actor who signs the agreement or the judge as the third party who resolves contract disputes between parties. Therefore, future Indonesian contract law needs to regulate the definition and benchmarks for good faith principle. In order to find out the meaning and clear benchmarks for the good faith principle, the authors use a normative juridical method with a statute and conceptual approach. This research finds that the definition and benchmarks for the good faith principle is possible to be developed and regulated in Indonesian contract law. It shall set that good faith principle is based on honesty, decency, and fairness, which covers every agreement stage, from pre-agreement, agreement implementation, and after the agreement is completed.
Public-private partnerships (PPPs) were established in Brazil at the beginning of this century, following a global trend of using these partnerships to stimulate investment in infrastructures, particularly in a framework of restrictive budgetary and fiscal conditions. Despite their growing importance and the expectation of an expanding role in the future, not much is known about the actual facts on the ground. The objective of this paper is to be a first step in the direction of filling this information gap by providing important stylized facts about the universe of PPPs in Brazil: the quantitative evolution of PPP adoptions; the characterization of the geographical distribution of PPPs by government level (federal, state, district, and municipal); the characterization of the PPP intervention areas, including the total value of contracts and the modalities of PPP concession (sponsored and administrative). This objective is rendered possible by the development of a new database that covers the entire process of PPP contracting from 2005 to 2022, including the opening of public consultation procedures, the publication of the official notice, and the signing of contracts, as well as multiple thematic, financial, jurisdictional, and regional indicators. In turn, we see the establishment of these stylized facts as a necessary first step in the direction of understanding the factors that may determine or condition their adoption. In general, having a clear picture of the universe of the PPPs in Brazil is fundamental as their use and their role are expected to significantly increase in the future as the country pursues a path of improved economic activity and well-being of the population.
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