Smart Contracts
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Keywords:
Smart contract
Obligation
Frustration of purpose
Severability
Market economy is the contract economy.Contract is the bridge and link to take economic activities and get economic benefits for the enterprise.As one of main market bodies,the construction enterprise is bound to contract and normalized by Contract Law from bidding for a project to signing a contract,from execution of the contract to project claims and from clearing of construction cost to treatment of contract disputes.Only are the characteristics of contract deeply understood,the flexible application of Contract Law can be made.This paper proposes the notable issues in the practice of execution of contract and Contract Law based on the description of a contract and its characteristics,which has guidance significance for correcting problems related to the contract in the complex economic activities by construction enterprise.
Severability
Frustration of purpose
Construction contract
Unconscionability
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The aim of contract in the Law of Contract has its special significance.When a contract is made,whether the nature of the aim of contract is lawful decides on the effectiveness of the contract;and when the contract is carried out,whether the aim of the contract is realized has some effect on the emergence of the right of removal of the contract.However,when the significance of the aim of the contract is emphasized,the aim of the contract must be distinguished from the content and the motivation of the contract,so that the connotation and characteristics of the contract can be grasped and used in the specific systems of the contract.
Severability
Frustration of purpose
Connotation
Unconscionability
Employment contract
Psychological contract
Freedom of contract
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There exist unilateral contract and bilateral contract in administrative contracts, but they are not the typical corresponding pair. It is possible to follow the classification of unilateral contract and bilateral contract in private law and clarify the administrative contracts in the same way, and further make clear the specific forms of these two categories of contracts.
Severability
Frustration of purpose
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None-effect Contract is a kind of contract which exists independently in the Contract Law of the Peoples Republic of China.It not only has the obvious difference with the invalid contract,valid contract and revocable contract,but also has its own characteristics and effect.Under-effect Contract is relievable contract in effect.With the reasonable relief,it not only can help to encourage business and stick to Self-Decision Princi- ple on the Contract Law of PRC,but also can help to resolve contract disputes,establish harmonious society, defend the lawful fights and interests of the country and the party in the in judicial practice.
Severability
Frustration of purpose
Unconscionability
Breach of contract
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Invalid contract and contract with undetermined effect are two kinds of contracts with different nature.Because people can not know clearly to these two kinds of contracts,they can not advocate their own rights in accordance with the law.In this paper,invalid contract and the contract with undetermined effect are analyzed from three respects so as to deepen people's understanding of these two kinds of contracts.
Severability
Frustration of purpose
Unconscionability
Employment contract
Freedom of contract
Psychological contract
Social Contract
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Government Procurent Act declares that government procurement contract is civil and commercial contract, it seems right because government procurement contract has some nature of civil and commercial contract in large aspect. But analyzing in every aspect, not only it doesn't reflect the legal logical necessity that contract has been classified, But also doesn't accord with the international development of the government procurement contract. Judging by the basic it belongs to administrative contract.
Government procurement
Frustration of purpose
Severability
Breach of contract
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The doctrine of freedom to contract, as the cornerstone of contract law in the common law countries (Malaysia inclusive) has consequently generated an extensive array of contracts of various characteristics and varieties. In Malaysia, there are two basic components in the contract documents used for the contracting of most construction work that is the Contract Conditions and technical specifications and drawings. As a general principle, once a party enters into a contract, he must perform his obligations strictly according to the terms of the contract. However, in the construction industry, breaches of contract are commonplace to the point of routine. Moreover, under the complicated provisions of many construction contracts the possible breaches of contract either by contractor or employer are numerous, and in each case the general principles must be applied to determine what, if any, damage is recoverable for the breach. Therefore, the objectives of this study is to develop a profile for breaches of contract where consists the analysis of year cases, types of parties involved, standard form of contract for the project, the types of breaches of contract and the reliefs sought due to breach of contract. Limitation of this study will be on the breaches of contract cases reported by Malayan Law Journal between 1971 - 2019, cases in Malaysia and related to Building Contract only while methodology of this study will be based on the secondary data analysis. Research finding identified that the most cases of breaches of contract is in the recent year which is between 2011 - 2019. The most party involved in breaches of contract are between the employer and the main contractor. The analysis also identified that the PWD Standard Form of Contract is the most form of contract that involved in breaches of contract. The most types of breaches of contract that occurred in construction industry is abandonment of work and delay completion work. The analysis also identified that damages is the most used as a relief sought for breaches of contract. By developing this profile, hopefully it will help the project manager in handling the disputes of breaches of contract. Besides as a tool in contract management, this profile helps to prevent or minimize the breaches of contract in Malaysian construction industry.
Frustration of purpose
Severability
Breach of contract
Freedom of contract
Unconscionability
Cornerstone
Force majeure
Employment contract
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Contract of labor hasn't been prescribed in Contract Law Of The People's Republic Of China(1999),which makes the study of the differences of labor contract and regular civil contract important. The authors provide deliberate comparisons of eleven fields, including purpose of contract, nature of contract, validity of contract, amendment and termination of contract, liabilities for breach of contracts, etc., and in this way can others may come up with valuable opinions in the field study.
Frustration of purpose
Severability
Labor contract
Breach of contract
Contract farming
Freedom of contract
Employment contract
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The purpose of this research is to show that the contract is the real link in the transactions between whether the contract is legal or customary. In the period between the conclusion of the contract and the execution of a contract relating to this contract, emergency circumstances render its implementation impossible without reason from one of its parties (a foreign cause) causing damage to one of the contractors. If the contract terminates due to such impossibility, all the corresponding obligations are breached by the other party and the contract is terminated on its own . All fuqaha 'agree that the damage and loss of the contract is considered a reason for the conclusion of some contracts, in order to multiply the contract. Definition of the contract In Sudanese law, the Sudanese legislator defined the term in Article 33 of the Civil Transactions Act of 1984 (the contract is the binding of the contract issued by the contractors to accept the other in a manner that proves its effect in the contract and the obligation of each of them to the other.
Severability
Impossibility
Frustration of purpose
Legislator
Obligation
Unconscionability
Breach of contract
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There are two reasons that government intervenes the contract reached by two parties. One is that such kind of contract harms government benefits or government order in some fields. The other reason is such kind of contract does harm to benefits of one party or third party. Therefore, such two kinds of contracts are regarded as void contract, violable contract, revising contract or contract waiting for confirmation by government legislation with the purpose of protecting legal benefits of parties mentioned above.
Severability
Frustration of purpose
Freedom of contract
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