bluuebunny/crossref_metadata_2025_split huggingface dataset:
Defects of Consent: Fraud and Mistake in Indonesian Contract Law
Authors: WICAKSONO Muhammad Rifky 
Published: October 2022

Abstract
This chapter examines defects of consent due to fraudulent actions (fraud) and erroneous beliefs (mistake), with their legal effects and the remedies available under Indonesian law. Indonesia adopts the notion of ‘legal pluralism’. Hence, there are three sources of law which co-exist in the Indonesian legal system: the Dutch colonial Civil Code for Indonesia, the Islamic laws on agreements, and Indonesia’s indigenous adat laws. This chapter focuses on the Indonesian Civil Code and will not deal with the Islamic or adat laws of contract. In doing so, it will delve into the relevant doctrinal developments and landmark decisions which have shaped the contours of the law in this area. This chapter is divided into three substantive parts. The first part deals with defects of consent caused by fraud. It elaborates the elements of fraud under Article 1328 of the Indonesian Civil Code, and the remedies available to the victim. The second part addresses defects of consent arising from mistake. It discusses the two categories of mistake under Article 1322 of the Indonesian Civil Code, namely: error in substantia (mistake as to the object) and error in persona (mistake as to the person). It also describes the available remedies for the parties. Finally, the last part concludes by analysing six hypothetical scenarios with varying fact patterns related to fraud and mistake, in order to illustrate how Indonesia’s contract law can be applied to real life situations.
Threats and Unfair Exploitation in Indonesia
Authors: BELL Gary F 
Published: October 2022

Abstract
This chapter focuses on the law of duress in Indonesian contract law (geweld in Dutch, or paksaan in Indonesian, i.e. force or violence). Duress is caused by a threat that causes fear of harm to a person, or to his property or wealth, whether the threat is to commit an unlawful or, in some circumstances, a lawful act—the threat to file a legitimate criminal complaint in order to get a money or contractual concession from someone is a form of duress—an abuse of right. The threat may come from a contracting party or a third party. Threatening not to perform one’s contractual obligations in order to obtain concessions may be seen by some as an efficient breach of contract compensated by damages, but in a civil law system where a party is entitled to specific performance, such a threat could be considered a form of duress. The chapter finally looks briefly at the Dutch and French concept of abuse of circumstances (misbruik van omstandigheden) which could find its way into Indonesian law, although abusive contracts can also easily be dealt with under other doctrines of Indonesian law.
The Regulation of Mistake, Fraud, and Misrepresentation in Japan
Authors: KIHARA Hiroyuki 
Published: October 2022

Abstract
This chapter examines how Japanese contract law deals with mistake, fraud, and misrepresentation. Firstly, the regulation of mistake and fraud under the Japanese Civil Code—including the new revised Civil Code—will be discussed, to clarify the requirements for each doctrine to be engaged, the relief given, and the third party protection afforded. Secondly, the regulation of misrepresentation under the Consumer Contract Act will be examined. Thirdly, a number of hypothetical questions are analysed to illustrate how Japanese law regulate the issues on mistake, fraud, and misrepresentation. Finally, as a conclusion, the interrelationship between mistake, fraud, and misrepresentation in Japan will be discussed. Overall, there is a tendency in Japan to rely too heavily on the doctrine of mistake, rather than on the provisions regarding fraud and misrepresentation. The law of mistake focuses on the psychological state of the mistaken party; the criteria are inevitably subjective and difficult to judge. In contrast, the law on fraud and misrepresentation presents inherently more objective criteria. Therefore, the role of mistake should be reduced, while extending the role of fraud and misrepresentation.
Mistake, Fraud, and Misrepresentation in Malaysian Contract Law
Authors: San TAY Pek 
Published: October 2022

Abstract
The Malaysian Contracts Act 1950 provides that all agreements are contracts if they are made by the free consent of the contracting parties. Where one or more of the contracting parties are erroneous in their belief about some relevant issues pertaining to the contract, free consent does not exist. This can arise where there is mistake, fraud or misrepresentation. Each of these is dealt with in separate provisions of the Contracts Act 1950 and different legal principles apply to each of them. While the principles governing innocent and negligent misrepresentation are the same as in English common law, the position under the Act on mistake and fraud differ to some extent from the English position. The differences are highlighted in the relevant parts of the chapter. This chapter discusses the scope of mistake, fraud and misrepresentation under the Act, their legal consequences upon contracts that are formed and the reliefs available to the innocent party.
Contracts Resulting from Threats and Unfair Exploitation: The Position under Malaysian Contract Law
Authors: CHEONG May Fong , LEE Yin Harn 
Published: October 2022

Abstract
This chapter discusses provisions under the Malaysian Contracts Act 1950 that have the effect of vitiating a party’s free consent to a contract, and sets out the legal consequences of these vitiating factors and the remedies that are available to a contracting party to whom these vitiating factors apply. These vitiating factors are those resulting from ‘abuse or exploitation’, such as coercion, undue influence and unconscionability. Two major themes emerge from this discussion. The first is the extent of the Malaysian courts’ power to receive legal developments occurring elsewhere in the common law world in the absence of express statutory language in the Contracts Act either prohibiting or permitting their adoption. The second is the extent to which the current provisions can be interpreted so as to incorporate these external developments, and the willingness of the Malaysian courts to do so. The chapter notes the dichotomy in the approach taken by the Malaysian courts. While the courts show a keen interest in legal developments occurring elsewhere in the common law world, and have made genuine efforts at applying these developments in order to achieve justice in suitable cases, they have overlooked the potential for accommodating these developments within the Contracts Act’s surprisingly expansive language. The courts have shown a preference for English case law over the literal language of the Contracts Act. As a result, the potential of—for example—section 16 of the Act to cover a much wider range of vitiating factors has remained untapped.
Duress, Undue Influence, and Unconscionability in Contract Law: A View from Singapore
Authors: ONG Burton 
Published: October 2022

Abstract
This chapter presents an overview of the legal principles in Singapore that relate to the vitiation of contracts on grounds of ‘procedural’ or ‘substantive’ unfairness. It discusses and analyses leading judgments of the Singapore courts that have dealt with different categories of reprehensible conduct that one contracting party may have engaged in towards another contracting party when their contractual relationship was established. These categories of misconduct involve: (i) the application of overt pressure by the stronger party on the weaker party (Duress); (ii) the improper exertion of influence by the stronger party over the weaker party (Undue Influence); and (iii) the unfair exploitation by the stronger party of the weaker party’s infirmity (Unconscionability).
Blank Verse
Authors: Stagg Robert 
Published: October 2022

Abstract
The first chapter, the groundwork of the book, tests what might happen if we conceive of Shakespeare’s blank verse as in some sense ‘bad’. It takes seriously Robert Greene’s 1592 attack on Shakespeare’s blank verse for being ‘bombastic’ by recognizing that Shakespeare’s verse included a ‘metrical end-stop’ (a stressed tenth syllable) which necessarily risked or incurred bombast. It proceeds to tell a history of early blank verse—from the Earl of Surrey’s Aeneid translations to Thomas Sackville and Thomas Norton’s Gorboduc to George Gascoigne’s Steel Glass to Christopher Marlowe’s dramas—through the metrical end-stop before reading Shakespeare’s career-long effort to reply to Greene’s criticism, culminating in an interpretation of The Winter’s Tale as a sort of revenge drama upon Greene.
Occupations and Collective Skill Formation in the Knowledge Economy
Authors: Ebner Christian , Hirtz Sandra , Rohrbach-Schmidt Daniela 
Published: October 2022

AbstractMost scholars argue that collective skill formation systems are a promising way to integrate workers into the employment system. Whether this is also true in a knowledge economy, however, is an open question. Following a market segmentation approach, this chapter argues that risks of insufficient integration measured by low wages, unskilled work, and temporary employment can vary significantly depending on the occupation graduates were trained for. The idea of investigating an occupation-specific integrative function of collective skill formation is promising for at least two reasons. First, the concept of occupation has been central to vocational training since the middle ages; in Germany, occupations play a decisive role in structuring training content and labour market processes. Second, taking different occupational segments into account is complementary to existing studies exploring differences between organizations. Drawing on representative survey data for Germany (BIBB/ BAuA Employment Survey 2018), this chapter identifies some occupation-specific integration problems within the framework of dual vocational education and training (VET). Nevertheless, graduates trained in occupations classified as ‘knowledge work’ can be guaranteed decent wages, skilled jobs, and stable employment in most cases. This chapter discusses these findings and points out implications for future research.
Efficiency, Social Inclusion, and the Dutch Pathway towards Vocational Education and Training Reform
Authors: Nijhuis Dennie Oude 
Published: October 2022

AbstractFor a variety of reasons that are closely connected to the rise of the knowledge economy, collective skill formation systems increasingly struggle to deliver on the twin goals of meeting firms’ skill demands and offering access to stable and relatively well-paid jobs for large groups of the population. Moreover, in many countries, attempts at progressive reform have faltered because of employer—and often also union—resistance to the introduction of non-firm-based alternatives to firm-based training. By analysing the inclusive pathway towards vocational education and training reform pursued by the Netherlands since the 1980s, this chapter shows that such opposition is by no means inevitable. This chapter shows how institutional legacies explain why Dutch employer groups did not view the development of a non-firm-based pathway to skill formation as a threat to the operation of the apprenticeship system and also supported other measures to improve the integrative function of the Dutch vocational education and training system.
Employers’ Cooperation in the Knowledge Economy
Authors: Maio Gina Di , Trampusch Christine 
Published: October 2022

AbstractWhat leads employers to co-finance and collectively provide transferable skills? This study analyses employer cooperation in four sectors with varying levels of employer cooperation in the provision and financing of transferable (general) skills in post-secondary vocational training. It finds that employers’ associations cooperate in order to provide and finance skills when: (1) they rely on internal labour markets for recruitment, (2) there are institutional spill-over effects between employers’ cooperation in initial and continuous vocational training, (3) large firms are committed to collective training, (4) there is a tradition of collective labour agreements, (5) employers’ associations’ logic of organization building includes training policies as an important means to attract members, and (6) they do not prefer universities (of applied sciences) as an alternative and substitutive track to enhance the general skills of their employees. These findings contribute not only to the literature on employers’ collective action in vocational and further training but also to studies of business associations.
Enhancing Permeability through Cooperation
Authors: Bernhard Nadine , Graf Lukas 
Published: October 2022

AbstractGiven rising skill demands on the part of business and the increasing aspirations of young people for higher skills, the relationship between vocational and academic worlds of learning has become a major policy challenge in collective skill formation systems. While the need to enhance institutional permeability between these two worlds of learning is increasingly felt by all stakeholders, the actual building of programmes that promote such permeability is highly demanding as it often requires the cooperation of actors who have been largely isolated from each other and often have diverging interests. How is permeability made possible through cooperation? While various initiatives to increase permeability have recently been launched, little is known about how actors cooperate in the establishment and implementation of these permeability-enhancing projects. This chapter develops a conceptualization combining institutional permeability and types of cooperation in collective skill formation systems. This enables exploring the intensity of cooperation between key actors from the largely separate worlds of vocational and academic learning—which contributes to understanding how actors in collective skill formation systems adapt to the demands of the knowledge economy. Based on document analysis and expert interviews, the chapter provides an in-depth study of double qualification programmes in Germany in which vocational and academic learning are systematically combined. It is shown that increasing permeability is by no means a trivial task and that a fine-grained understanding of both permeability and cooperation can help uncover how actors take a differentiated approach to enhancing institutional permeability in collective skill formation.
How Collective Skill Formation Systems Adapt to a Knowledge Economy
Authors: Emmenegger Patrick , Bonoli Giuliano 
Published: October 2022

AbstractCollective skill formation systems remain attractive in the knowledge economy. However, these systems are heavily dependent on the capacity of actors to cooperate, which in turn depends on their ability to find win-win solutions to the challenges these systems confront. This concluding chapter discusses five main themes that help to understand how collective skill formation systems adapt to a knowledge economy. First, one constant preoccupation of employers is to keep dual training attractive for talented youths and avoid academic drift. This is clearly visible in their support for measures aiming to protect the value of VET degrees, to improve permeability of the overall education system, and to develop new hybrid forms of training that combine academic and vocational training. Second, in some countries, there are attempts to upskill collective skill formation systems. Such measures include investments in post-secondary VET or new forms of cooperation between firm-based training and higher-education institutions. Third, employers’ attachment to collective skill formation remains strong, but they increasingly experience problems in acting collectively, which fuels segmentalist tendencies. Fourth, over recent decades, states have developed a multitude of measures to make collective skill formation systems more inclusive. These measures tend to be external to the collective skill formation system and are rarely intrusive with regard to the role played by employers. Fifth, states put pressure on collective skill formation systems to make them more inclusive, which often—but not always—creates considerable frictions, especially if inclusion measures risk undermining the perceived quality of training.
Enabling Ambivalence
Authors: Day Abby 
Published: October 2022

Abstract
Parents of Baby Boomers encouraged their church attendance—but only to a point. The Baby Boomers are the last generation to have been routinely christened and sent or taken to mainstream, Anglican churches. While their parents dutifully fulfilled that obligation, they did not try particularly hard when the young Boomers began to resist. That break in generational habit had consequences, because it is hard to sustain religiosity across time. Conversations with the Boomers revealed memories of mothers often being quietly accepting of what seemed to be a turn from the habits of church attendance. The reasons for that related to wider cultural trends towards female equality and secularity.
When Is Migration Voluntary?
Authors: Ottonelli Valeria , Torresi Tiziana 
Published: October 2022

Abstract
This chapter sets four crucial conditions for migration to count as voluntary: non-coercion, sufficiency, information, and exit options. The discussion of these criteria is meant to disentangle the notions of voluntary and non-voluntary migration from some normative assumptions that often sway their definition and is based on the fundamental methodological commitment to treat migrants by the same standards of agency and voluntariness that are applied to non-migrants. Notably, we should not let the mere fact that migrants’ plans take place in a context of injustice draw us to misrecognize their voluntary nature and the agency of the migrants involved. This discussion allows us to see that although much migration in the world can surely be recognized as forced and non-voluntary, many migration plans, including many temporary migration projects, are in fact voluntary.
Allegiance and Political Rights
Authors: Ottonelli Valeria , Torresi Tiziana 
Published: October 2022

Abstract
This chapter discusses the political rights of temporary migrants who aim to return and their relation with the political institutions of the receiving states. This relation, though transient and temporary, generates genuine obligations of reciprocity on both sides and a duty of receiving states to recognize and accommodate temporary migrants’ plans and goals. However, the liberal principle of accommodation requires a special treatment for those who engage in temporary migration projects, by mandating the creation of venues for political participation and voice that are congenial to their specific life plans. This means that voting rights in national elections, which are quintessential to full membership in the receiving society, can be inadequate as a form of protection and political empowerment of this specific group of migrants. As an alternative, institutional reforms should be sought to enhance the participation of temporary migrants through labour unions and migrants’ associations.
Introduction
Authors: Codogno Lorenzo , Galli Giampaolo 
Published: October 2022

AbstractFailure to deliver on growth and prosperity can happen when, for some reason, a large number of actors in a relatively affluent society are no longer willing to go through the efforts and sacrifices that have made it possible to achieve well-being. Instead, they look for other supposedly more accessible means to reach further prosperity. The demand for more state subsidies or intervention tends to substitute for hard work, ingenuity, entrepreneurship, risk-taking, in a word, the merit of large masses of people. Ideas and practices have spread, especially since the late 1960s, which have frustrated competition between companies and people in the name of a misunderstood concept of egalitarianism. Italy has moved from the right idea that there should be solidarity, to a practice that ends up punishing rather than rewarding the merit and creativity of individuals and communities. Complex historical vicissitudes result in connections being more important than merit in many key aspects of society and the economy, such as schools, universities, public administration, the judiciary, and even the corporate world. This has become a major obstacle to economic recovery.
Italy’s decline: stylised facts
Authors: Codogno Lorenzo , Galli Giampaolo 
Published: October 2022

AbstractIt may seem an exaggeration, but Italy has been in a semi-permanent state of crisis for half a century. It recorded periods of high growth in the 1970s and 1980s. But documents of the time clearly show a widespread perception, both in the country and abroad, that Italy was an anomaly among advanced nations. The problem shows up quite clearly in total factor productivity, which expresses the portion of growth in output that is not explained by inputs of labour and capital used in production. It hence reflects technological progress and innovation and is also related to the organisational efficiency of companies and public institutions. In Italy, total factor productivity increased substantially in the three decades after the war but stagnated and even fell somewhat from the 1970s. However, in other major countries, it continued to rise, at least until recently. The implication is that there was a lack of innovation even in the 1970s and 1980s. And growth was obtained somewhat artificially through policy measures that pushed aggregate demand above the economy’s growth potential. This meant essentially high deficits, continuous currency devaluation in the 1970s, and burgeoning public debt in the 1980s.
Legacies of a troubled history
Authors: Codogno Lorenzo , Galli Giampaolo 
Published: October 2022

AbstractThe level of social capital of a country is usually attributed to historical vicissitudes. It is a legacy of many centuries of history. The low level observed in Italy is hard to explain without appealing to a long history of foreign domination. It has made it challenging to create a strong feeling of national identity and has generated distance between the elite and the bulk of the population. However, the question is whether a country can get rid of such a negative historical legacy. Is such legacy a condemnation for ever? The answer is quite obviously no. History has forged a country in a particular way and has left a negative legacy. In the same way, a different path of history can change that legacy. Meritocracy may play a role in changing the course for the better. All the items that penalise Italy from the point of view of social capital have to do with confidence in parts of the country’s elite: banks, politicians, government, judges. Quite clearly, such a low degree of trust cannot depend only on history. It must also be a function of how competent the country’s leadership is and whether it is perceived to pursue the general interest rather than its own. The first factor is connected with meritocracy. The various components of a country’s leadership will be competent only if selected according to meritocratic criteria.
Lobbies in government
Authors: Codogno Lorenzo , Galli Giampaolo 
Published: October 2022

AbstractThe combination of a poor legacy in terms of social capital and low meritocratic legitimacy of the elites is at the root of an inefficient political system and inefficient public administration. Moreover, the political system is unstable. Governments last on average about one year, and no one has succeeded in improving the situation through electoral or constitutional reform. In addition, the transition of power has not always been smooth because political parties are interested in demonising each other to gain votes. This has been the story of the past thirty years, with two opposite camps, pro and against Berlusconi first, and then pro- and anti-establishment. Meanwhile, citizens and firms have to fight day by day with very inefficient public administration and one of the slowest judicial systems in the world.