dispute resolution procedures in contract construction: from iran’s legal and imamiyeh fiqh perspectives solmaz hadi [1] morteza haji pour [2] abstract in iranian civil law, in spite of the long tradition of using alternative dispute resolution (adr) methods, and existence of rules and regulation regarding conciliation and compromise, the use of adr methods were not welcomed by the conflicting ...

We study the relationship between ambiguity (which comes into the picture since contracts have to be written in natural language), and contractual incompleteness. The contracting process is modelled as a signalling game between the parties and the judge, with the contract as the signal. The judge is assumed to be bound by the content of the contract (in as far as it can be ascertained unambiguo...

documentary credit or letter of credit (lc) is one of the methods of payment in international commerce. the documentary credit is a binding commitment from the issuing bank to pay a sum of money to the beneficiary on certain conditions. the applicant needs to contract with an issuing bank to open a lc. the legal nature of such contract is a controversy issue and thus different opinions are brou...

Contracts between Legal Persons Contract law and the economics of contract have, for the most part, developed independently of each other. In this essay, we briefly review the notion of a contract from the perspective of lawyer, and then use this framework to organize the economics literature on contract. The title, Contracts between Legal Persons, limits the review to that part of contract law...

The study examines two dimensions of IT outsourcing contract structure: contract specificity and flexibility. We posit that the contract structures are influenced by (a) relational elements such as prior interactions, current nature of relationship between the contracting parties, and future interactions; and by (b) the attributes of transactions such as investment specificity and task and tech...

This paper discusses how model checking, a technique used for the verification of behavioural requirements of dynamic systems, can be usefully deployed for the verification of contracts. A process view of agreements between parties is taken, whereby a contract is modelled as it evolves over time in terms of actions or more generally events that effect changes in its state. Modelling is done wit...

Blockchain-driven technologies are considered disruptive because of the availability of dis-intermediated, censorship-resistant and tamper-proof digital platforms of distributed trust. Among these technologies, smart contract platforms have the potential to take over functions usually done by intermediaries like banks, escrow or legal services. In this paper, we introduce a novel protocol aimin...

Consumer finance is a financing institution that officially still relatively new in Indonesia. agreements are arise the day-to-day practice of wider community. In contractual relationship, Covid-19 pandemic has become point debate between business actors who bound by contract. Debtors have obligations make basis for freeing themselves from their to fulfill achievements. The purpose this researc...

When government provides or arranges for health care, it is held to lower legal standards than private parties are, especially when liability is barred by "sovereign immunity". This paper examines sovereign immunity and its implications for health care quality by comparing private-sector and government accountability in several legal contexts. It then considers whether the law should be changed...