Online Cross-Border Consumer Transactions: A Proposal for Developing Fair Standard Form Contract Terms

The article deals with the content of internal standards of auditing, order of the conclusion and content of the contract for the audit of accounting (financial) statements, the standard form contract.

Download Full-text

The Implementation of Standard Form Contract in Financing Agreement of Sharia Banking in Islamic Law Perspective

International Journal of Multicultural and Multireligious Understanding ◽

10.18415/ijmmu.v5i4.420 ◽

2018 ◽

Vol 5 (4) ◽

pp. 420

Author(s):

Audina Noor Arifa ◽

Burhanudin Harahap

Keyword(s):

Islamic Law ◽

Standard Form ◽

Social Phenomena ◽

Legal Study ◽

Form Contract ◽

Mutual Agreement ◽

Standard Form Contract

This study analyzed the implementation of standard form contract in financing agreement of Sharia banking in Islamic law perspective. This study aimed at discovering the process of mutual agreement on standard form contract of a financing agreement in Sharia banking. This study employed an empirical legal study. It was aimed at studying one or more social phenomena by analyzing it. This study found that during the process of mutual agreement on standard form contract between the bank and the customer, the element of ijab and qabul had been satisfied since the bank had made an offer and the customer accept the bank offer. However, it was found that the customer did not possess a right to change the content of the standard form contract. If there was a customer felt an objection, the requirement of a valid agreement is not satisfied since there is al-ikrah or compulsion factor in accepting the agreement. For the agreement is not met, the agreement will be considered as broken (fasid) and can be annulled.

Download Full-text

Control judicial de la validez del convenio arbitral en un contrato de adhesión: Sentencia Núm. 409/2017 de 27 de junio del Tribunal Supremo = Arbitration agrement and standard form contracts: judgement number 409/2017 of 27th june of the Spanish Supreme Court

CUADERNOS DE DERECHO TRANSNACIONAL ◽

10.20318/cdt.2018.4135 ◽

2018 ◽

Vol 10 (1) ◽

pp. 544

Author(s):

Ana Isabel Blanco García ◽

Pablo Quinzá Redondo

Keyword(s):

Supreme Court ◽

Potential Application ◽

Standard Form ◽

Form Contract ◽

Standard Form Contract

Resumen: La sentencia núm. 409/2017 del Tribunal Supremo aborda la posible aplicación de un convenio arbitral contenido en un contrato de adhesión en un asunto sobre la nulidad de contratos financieros SWAP y PUT. En particular, se aborda el alcance de la competencia del juez ordinario pata interpretar el convenio arbitral, así como las propias cuestiones cubiertas por el mismo.Palabras clave: arbitraje, contratos de adhesión, convenio arbitral.Abstract: Judgment number 408/2017 of the Spanish Supreme Court deals with the potential application of an arbitration agreement in the case of a standard form contract. In particular, it focuses on the jurisdiction of the judge to interpret the arbitration agreement and on the questions that are covered by the arbitration agreement itself.Keywords: arbitration, standard form contract, arbitration agreement

Download Full-text

Contracting with small businesses: include unfair terms in your standard form contracts at your peril

The APPEA Journal ◽

10.1071/aj17060 ◽

2018 ◽

Vol 58 (2) ◽

pp. 550

Author(s):

Anne Freeman

Keyword(s):

Small Businesses ◽

Oil And Gas ◽

Standard Form ◽

Consumer Law ◽

Goods And Services ◽

Form Contract ◽

Unfair Terms ◽

Gas Space ◽

Business To Business ◽

Standard Form Contract

Many companies operating in the oil and gas space might think that the Australian Consumer Law has little impact on them. However, in November 2016, amendments were made to the Competition and Consumer Act extending the unfair contract terms regime under that legislation beyond dealings with individual consumers to small businesses. This reform has potential far-reaching consequences for companies in the oil and gas sector which use standard form contracts with suppliers of goods and services. A standard form contract is one that is prepared by one party to the contract where the other party has little or no opportunity to negotiate the terms. If the contract counterparty is a small business (employing less than 20 employees) and if the upfront price is no more than $300 000 or $1 million if the contract is for more than 12 months, it is caught by this regime. If the standard form contract contains terms which are unfair, those terms may be declared void and there may be other consequences, including orders for monetary redress, penalties and the entire contract being avoided. This extended abstract will explain the business to business unfair contracts regime, including what contracts it affects, which contracts and terms are excluded from the regime, and it will examine, by way of some case studies, the types of terms which have been found to be unfair.

Download Full-text