STANDARD CONTRACTS AND THEIR IMPLEMENTATION IN TODAY’S LEGISLATION

SHABANI, Faton and Murati, Valdete (2022) STANDARD CONTRACTS AND THEIR IMPLEMENTATION IN TODAY’S LEGISLATION. International Journal of Legal Sciences, 10 (17-18). pp. 44-52. ISSN 2545-4927

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Abstract

The research of this scientific paper is the applicability of standard contracts in the wide spectrum of economic-commercial and legal-international law, considering comparisons in the legislation of the Republic of North Macedonia in relation to some of the most influential legislation globally. The standard contracts are among the most common and controversial as these contracts require more specific training compared to traditional contracts. These contracts have gone beyond the traditional principles of classic contracts, which are in fact based on the fundamental concepts of equality of bargaining power and the autonomy of will of the parties. As such, standard contracts are rightly considered sui generis contracts, or modern complex contracts without names, pre-drafted or pre-formulated with rights and their obligations, which are also listed for tax purposes, and the conditions for accepting or rejecting these contracts. Moreover, these contracts being drafted by one party put the other party in position to accept them or not, which means that no significant changes can be made by the latter. The parties that have the privilege of drafting these contracts are those parties who impose their will on the other party, while the other party has little or no ability to negotiate more favourable terms, and therefore through a “take or leave “position is decided. The research is essentially two-dimensional: it addresses the theoretical and legal aspects of standard contracts. In this regard, through the empirical, normative, comparative method, analysis and synthesis, the authors provide an overview of the country they occupy and the legal regulation that standard contracts are made by Macedonian, German, Austrian, English and French law.

Item Type:	Article
Uncontrolled Keywords:	standard contracts, pre-drafted, legal aspects, comparisons.
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law, Arts and Social Sciences > School of Law
Depositing User:	Unnamed user with email zshi@unite.edu.mk
Date Deposited:	27 Oct 2022 11:48
Last Modified:	27 Oct 2022 11:48
URI:	http://eprints.unite.edu.mk/id/eprint/1032

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