<?xml version="1.0" encoding="utf-8"?>
<rss version="2.0">
    <channel>
        <title>Law and Business Feed</title>
        <link>https://sciendo.com/journal/LAW</link>
        <description>Sciendo RSS Feed for Law and Business</description>
        <lastBuildDate>Sat, 04 Apr 2026 08:06:18 GMT</lastBuildDate>
        <docs>https://validator.w3.org/feed/docs/rss2.html</docs>
        <generator>https://github.com/jpmonette/feed</generator>
        <image>
            <title>Law and Business Feed</title>
            <url>https://sciendo-parsed.s3.eu-central-1.amazonaws.com/64723936215d2f6c89dc0c35/cover-image.jpg</url>
            <link>https://sciendo.com/journal/LAW</link>
        </image>
        <copyright>All rights reserved 2026, Polish Economic Security Foundation. Institute for Legal and Economic Dialogue and Analysis</copyright>
        <item>
            <title><![CDATA[Generative AI for Lawyers in Spain: A balanced approach to the legal framework, technical foundations and best practices, combining technological innovation with professional responsibility]]></title>
            <link>https://sciendo.com/article/10.2478/law-2025-0003</link>
            <guid>https://sciendo.com/article/10.2478/law-2025-0003</guid>
            <pubDate>Wed, 31 Dec 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[

The integration of generative AI into legal practice is advancing rapidly across jurisdictions, including Spain. However, regulatory, ethical and technical challenges require special attention here. This article provides a comprehensive guide to deploying generative AI in law firms and corporate legal departments within the Spanish legal framework. It examines applicable regulations such as the General Data Protection Regulation (GDPR), Spanish Organic Law 3/2018 on Data Protection (LOPDGDD) and the Spanish General Statute of the Legal Profession (Estatuto General de la Abogacía Española). It also explores the ethical and professional duties set out in the Code of Ethics of the Spanish Bar Association in relation to confidentiality, competence and client communication. Furthermore, the article outlines the technical architecture of generative AI systems, including deployment models, data security protocols and integration strategies tailored to legal environments. Finally, the article offers a set of actionable best practices to mitigate the legal, operational and ethical risks associated with using AI in legal services, thereby establishing a robust governance and compliance framework.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[From the Editorial Board]]></title>
            <link>https://sciendo.com/article/10.2478/law-2025-0005</link>
            <guid>https://sciendo.com/article/10.2478/law-2025-0005</guid>
            <pubDate>Wed, 31 Dec 2025 00:00:00 GMT</pubDate>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Exploring the Boundaries of Section 61 of the United Kingdom Sale of Goods Act 1979, Prior to the Textual Amendment]]></title>
            <link>https://sciendo.com/article/10.2478/law-2025-0004</link>
            <guid>https://sciendo.com/article/10.2478/law-2025-0004</guid>
            <pubDate>Wed, 31 Dec 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[

Section 61 of the Sale of Goods Act 1979 defines specific goods as “goods identified and agreed upon at the time of contracting.” This definition was later expanded by the textual amendment introduced through the Sale of Goods (Amendment) Act 1995 to include “an undivided share in an identified bulk.” The existing literature is not clear on the precise identification needed for goods to be deemed “specific.” The case law remains too fact-specific and provides only a fact-specific standard. After examining existing definitions and interpretations, the author proposes a refined definition for “specific goods,” according to which “specific goods” should be understood as “goods identified to such an extent that, if they were sold to a third party or lost, the buyer would be able to definitively recognise the goods as theirs.” Any broader or vaguer interpretation would risk obscuring the meaning of Section 61 and undermine its clarity.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Erratum]]></title>
            <link>https://sciendo.com/article/10.2478/law-2025-0051</link>
            <guid>https://sciendo.com/article/10.2478/law-2025-0051</guid>
            <pubDate>Wed, 31 Dec 2025 00:00:00 GMT</pubDate>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Transparency and Protection in Franchising Contracts: The Italian Experience in European and International Comparison]]></title>
            <link>https://sciendo.com/article/10.2478/law-2025-0002</link>
            <guid>https://sciendo.com/article/10.2478/law-2025-0002</guid>
            <pubDate>Thu, 04 Dec 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[

This article explores how Italian and selected European legal systems regulate franchising contracts to ensure transparency and protect franchisees. Focusing on Italian Law No. 129/2004, the study examines key legal features such as written form, know-how disclosure, and precontractual information duties. It shows that the franchise agreement is legally structured as a collaborative but imbalanced relationship, where the franchiser typically holds greater bargaining power. Italian courts increasingly interpret franchising as a long-term relational contract (comunità di scopo), subject to good faith and fairness. Through a comparative approach, the article analyses the French, Spanish, Belgian, Greek, and Tunisian frameworks, highlighting how each system addresses issues like misleading disclosure, unfair clauses, and internal competition. Despite differences in technique, a common trend emerges: franchisee protection is strengthened through judicial oversight and statutory safeguards. The study combines case law, legislation, and doctrine to assess the effectiveness of current legal tools and to contribute to the broader debate on potential EU-level harmonization.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Development of International Law Concept of Commercial Usages in Latvia]]></title>
            <link>https://sciendo.com/article/10.2478/law-2025-0001</link>
            <guid>https://sciendo.com/article/10.2478/law-2025-0001</guid>
            <pubDate>Tue, 25 Nov 2025 00:00:00 GMT</pubDate>
            <description><![CDATA[

Research background
This article analyses the legal framework of commercial usage, as well as its use in commercial transactions directly or as a tool for interpreting legal norms and contractual terms. Commercial usages play a vital role in the unification of private law; this unification is high priority. The harmonization of international private law, especially trade law (commercial law), is an objective of many international organizations of global importance. Thus, having established that commercial usages exist as the relevant legal framework, the correct use of this legal framework should be the current focus of legal and related research.

Purpose of the article
The purpose of this article is to provide a comprehensive analysis of the application of commercial usages by evaluating current effective legal documents and current legal practice, especially in Latvian court` judgments to formulate an opinion on the application of commercial usages in Latvia. The research highlights the necessity for broader utilization of commercial usages to advance commercial law development and facilitate the international unification of legal regulations for commercial transactions. This, in turn, would contribute to enhancing cross-border legal predictability and enforcement.

Methods
The research is based on logical-analytical and descriptive scientific methods, incorporating historical and systemic approaches, as well as generalization of professional experience. The basis of the study is the analysis of various resources and legal acts, as well as observations.
Techniques for interpreting legal norms are based on grammatical, historical, systemic, and teleological methods.

Findings &amp; Value added
This research underscores the significance of integrating commercial usages into legal frameworks to improve legal certainty in commercial transactions. It also offers recommendations for refining the definition of commercial usages in Latvian law to ensure consistency and foster unification with international standards.

]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[From the Editorial Board]]></title>
            <link>https://sciendo.com/article/10.2478/law-2024-0005</link>
            <guid>https://sciendo.com/article/10.2478/law-2024-0005</guid>
            <pubDate>Tue, 31 Dec 2024 00:00:00 GMT</pubDate>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Mediation in the Enterprise. A New Approach Needed?]]></title>
            <link>https://sciendo.com/article/10.2478/law-2024-0003</link>
            <guid>https://sciendo.com/article/10.2478/law-2024-0003</guid>
            <pubDate>Tue, 31 Dec 2024 00:00:00 GMT</pubDate>
            <description><![CDATA[

Values set the desired course of action in an enterprise. They are a kind of bonding and expression of the corporate culture, which determines how conflicts are understood, resolved, and managed. A problem that negatively affects the enterprise's productivity is the lack of effective conflict prevention and resolution mechanisms. Thus, mediation as a non-confrontational method of diagnosing and resolving conflicts should be a key element of the corporate culture in the enterprise. Does this mean that a new approach to the institution of mediation is needed? To answer this question, the subject of conflicts in the enterprise is discussed first. Then, the need is indicated to have internal dispute resolution procedures operational in the enterprise, which should also include a system for preventing the occurrence of disputes and dealing with possible court proceedings. In the last part, the issue of the mediator is presented, considering the role that the mediator plays, which is to provide professional assistance in the amicable resolution of disputes arising in the workplace.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Online Dispute Resolution Platforms (ODR): A Legal and Technical Perspective]]></title>
            <link>https://sciendo.com/article/10.2478/law-2024-0006</link>
            <guid>https://sciendo.com/article/10.2478/law-2024-0006</guid>
            <pubDate>Tue, 31 Dec 2024 00:00:00 GMT</pubDate>
            <description><![CDATA[

Online Dispute Resolution (ODR) platforms have emerged as a crucial tool in the digital age, addressing the need for efficient conflict resolution in e-commerce and cross-border transactions. This paper examines ODR platforms from legal and technical perspectives, exploring their role in modernising alternative dispute resolution (ADR) mechanisms. The paper analyses the legal frameworks governing ODR, including international regulations and national legislation. It also investigates the technical aspects of ODR platforms, such as user interface design, data security, and the integration of artificial intelligence in dispute resolution processes. By synthesising legal and technical insights, this paper contributes to understanding ODR platforms as a multifaceted solution for enhancing access to justice in the digital marketplace. It concludes with recommendations for policymakers, technologists, and legal practitioners to foster the development of effective and equitable ODR systems.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[The Evolution and Significance of Notarial Law in Modern Legal Systems]]></title>
            <link>https://sciendo.com/article/10.2478/law-2024-0002</link>
            <guid>https://sciendo.com/article/10.2478/law-2024-0002</guid>
            <pubDate>Tue, 31 Dec 2024 00:00:00 GMT</pubDate>
            <description><![CDATA[

This article explores the evolution and contemporary significance of notarial law within modern legal frameworks. Tracing its origins from ancient civilisations through the Roman Empire to present-day practices, we examine how the notary profession has adapted to changing societal needs while maintaining its core principles. The study highlights the diverse roles notaries play across different legal systems, particularly contrasting their functions in civil law and common law jurisdictions. Special attention is given to the challenges and opportunities presented by the digital age, including the emergence of electronic and remote online notarisation. These technological advancements promise increased efficiency and accessibility but also raise important questions about security, fraud prevention, and the preservation of the notary’s traditional role. By analysing these developments, this article aims to provide a comprehensive overview of notarial law’s current state and its potential future trajectory. It emphasises the ongoing importance of notaries in ensuring legal authenticity and trust while acknowledging the need for adaptation in an increasingly digital world.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Approaching Esg Compliance Concept From Business Law and Labour Law Perspectives]]></title>
            <link>https://sciendo.com/article/10.2478/law-2024-0004</link>
            <guid>https://sciendo.com/article/10.2478/law-2024-0004</guid>
            <pubDate>Tue, 31 Dec 2024 00:00:00 GMT</pubDate>
            <description><![CDATA[

Climate change affects businesses and human rights, respectively and vice versa. Companies are increasingly expected to consider the impacts of climate change on their business operations and, conversely, the impacts of their business on the global climate, which requires reasonable measures to mitigate climate-related risks. Additionally, the human rights approach in terms of business in the era of climate change is considered to be essential in the process of transition towards a sustainable and green economy. Despite broad consensus on the urgent need for significant reductions in greenhouse gas emissions to meet the targets set by the Paris Agreement, binding legal obligations for companies to achieve these reductions still remain limited. As a result, some international financial institutions have adopted guidelines and standards – which, however, are still not legally binding. The recent adoption of specific, enforceable regulations in the EU is essential to drive company responsibility and encourage a transition toward a low-carbon economy. Climate change reporting and, more recently, climate change due diligence analysis are crucial aspects of the legal and economic debate.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Closing the Legal-Technical Gap in Digital Trade]]></title>
            <link>https://sciendo.com/article/10.2478/law-2024-0001</link>
            <guid>https://sciendo.com/article/10.2478/law-2024-0001</guid>
            <pubDate>Wed, 19 Jun 2024 00:00:00 GMT</pubDate>
            <description><![CDATA[

As digital trade continues to reshape the global economic landscape, the key objective of this study is to bridge a significant Legal-Technical gap characterised by the discord between rapid technological advancements and slower-evolving legal frameworks. This paper delves into the complexities of this gap and emphasises the need for a holistic approach to understand and address the multifaceted challenges it presents to businesses, policymakers, and the broader international trading system. This research offers a novel theoretical foundation for exploring and bridging the Legal-Technical gap in digital trade. Initially, it discusses the integration of legal and technical knowledge systems, which leads to the emergence of specific transdisciplinary knowledge as described by Andrew Sage's Theory of Systems. Subsequently, it explores the acquisition of universal knowledge about these systems through Herman Dooyeweerd's multi-aspectual philosophy. Furthermore, it proposes the development of a transdisciplinary knowledge representation using Fritz Zwicky's Morphological Method. Our analysis reveals that focusing on lingual, social, economic, and aesthetic aspects enables the prioritisation of critical factors essential for enhancing legal-technical functionality.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[From the Editorial Board]]></title>
            <link>https://sciendo.com/article/10.2478/law-2023-0002</link>
            <guid>https://sciendo.com/article/10.2478/law-2023-0002</guid>
            <pubDate>Sun, 31 Dec 2023 00:00:00 GMT</pubDate>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[The innovativeness of innovations]]></title>
            <link>https://sciendo.com/article/10.2478/law-2023-0005</link>
            <guid>https://sciendo.com/article/10.2478/law-2023-0005</guid>
            <pubDate>Fri, 29 Dec 2023 00:00:00 GMT</pubDate>
            <description><![CDATA[

The importance of innovation has always been important for the economic growth and the quality of life of the humankind. But in the latest years the awareness of its importance is growing and has led to systematic study of the process and the characteristics of innovation. The paper is first giving an overview of the science of innovation, partly with the help of an innovation, the Artificial Intelligence. Then the paper focuses on differences in the level of innovation and tries to explain them by comparing innovative solutions to a well-known problem from the field of construction.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Unlocking the Commercialisation Process for Academic Ideas and Their Global Market Impact]]></title>
            <link>https://sciendo.com/article/10.2478/law-2023-0004</link>
            <guid>https://sciendo.com/article/10.2478/law-2023-0004</guid>
            <pubDate>Fri, 29 Dec 2023 00:00:00 GMT</pubDate>
            <description><![CDATA[

In an era where the transformation of knowledge into innovation and its successful commercialisation holds paramount significance, this paper explores how universities can turn their research into valuable products and impact the global market. It highlights the substantial impact of collaboration across different phases on innovative concepts, accentuating its influence on the quality of commercialisation. Data collection and market research findings indicate the pressing need for an efficient platform to facilitate collaborative endeavours. As a proposed solution, SCIONS encourages collaboration, sparks creativity, augments commercial prospects, and nurtures practical problem-solving. As a seamless, community-driven platform, it empowers academia to proffer scientific solutions to industry requirements and fosters a competitive marketplace for academic research solutions.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[The Role of Generative AI in Managing Industry Projects: Transforming Industry 4.0 Into Industry 5.0 Driven Economy]]></title>
            <link>https://sciendo.com/article/10.2478/law-2023-0006</link>
            <guid>https://sciendo.com/article/10.2478/law-2023-0006</guid>
            <pubDate>Fri, 29 Dec 2023 00:00:00 GMT</pubDate>
            <description><![CDATA[

Industrial transformation is occurring now; the world is in the era of rapid industry movement into a collaborative robot (Cobot), empowering the human workforce, improving the project management processes, and optimizing manufacturing and supply chain procedures by utilizing the supercomputer and Generative Artificial Intelligence (GenAI) capability. GenAI is advancing and gaining traction in various economic sectors and the routine operations of businesses and people. The Fourth Industry Revolution (Industry 4.0), which focused on technical innovation, efficiency, profitability, and quality (driven by information technology (IT) and automation), gradually gave way to the Fifth Industry Revolution (Industry 5.0), which built on Industry 4.0's achievements but placed a stronger emphasis on human wellbeing, and resilience environmental sustainability. Industry 5.0 carries more societal responsibility for human-centric matters while maintaining economic growth objectives, complementing the current Industry 4.0 and together creating what is called the “Techno-Social Revolution.” The role of GenAI is positive in project management and would generate tremendous benefits to project managers, especially in large data analysis, decision-making, and automation of processes, yet GenAI is probably faced with many legal arguments against its deployment. Some of these are accountability for errors and omissions, misguided actions, data privacy, and proprietary information security. However, implementing a governance policy of tracking and auditing processes on GenAI decisions would establish proper accountability and responsibility. Additionally, adopting a multi-layered strategy that involves extensive risk assessments, strong security implementation, ongoing monitoring, training, machine learning, and evaluation of GenAI outputs mitigates these issues. Close collaboration between project managers, IT, and cybersecurity in setting up best practices and rules for employing GenAI will mitigate the legal challenges. Lastly, being open and clear with stakeholders regarding the usage of GenAI and the security and privacy precautions adopted assists in reaching agreeable legal terms and conditions.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Scenarios – the art of bringing the future into today’s decision making!]]></title>
            <link>https://sciendo.com/article/10.2478/law-2023-0003</link>
            <guid>https://sciendo.com/article/10.2478/law-2023-0003</guid>
            <pubDate>Fri, 29 Dec 2023 00:00:00 GMT</pubDate>
            <description><![CDATA[

For more than half a century scenario planning has been part of the toolbox for many strategic planners. The usefulness of the scenario approach is emphasized in turbulent times, as the ones we are living at present. Besides having proven its role in traditional strategic decision making, scenario planning can create value for a number of different purposes. In this article we briefly describe the history of scenario planning and its application in the field of strategy. Our main contribution is in highlighting other application areas for scenarios, like innovation, leadership, branding etc. Scenarios are in our opinion an excellent method to create appreciation for alternatives. And, at best, they contribute to exploration and learning of strategic territories that the decision maker has not been paying attention to. From “thinking the unthinkable” we now use scenarios to spot opportunities and build road maps to preferable futures. A proper scenario process allows disagreement of potential developments become an asset for the organization, fostering a constructive strategic discussion. And uncertainty becomes a friend, not a risk.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[Unconstitutionality of the Interest Limitation? Evidence from Germany: Adequate amount of interest expense in an enterprise and interest coverage ratio]]></title>
            <link>https://sciendo.com/article/10.2478/law-2023-0001</link>
            <guid>https://sciendo.com/article/10.2478/law-2023-0001</guid>
            <pubDate>Sat, 29 Jul 2023 00:00:00 GMT</pubDate>
            <description><![CDATA[

The tax deductibility of interest expenses is an issue for companies. However, the interest limitation rule may restrict the tax-effective deduction for interest expenses of a business to 30% of the EBITDA. The German Supreme Tax Court (BFH) has submitted the interest limitation to the German Federal Constitutional Court to examine its constitutionality (BFH I R 20/15; 2 BvL 1/16). Since the interest limitation has been introduced by European secondary legislation (Art. 4 ATAD; Anti-Tax-Avoidance Directive) in all EU Member States, and the German rule corresponds exactly to Art. 4 ATAD, the decision of the German Federal Constitutional Court (BVerfG) will have a great signaling effect. The unconstitutionality of the interest limitation rule may prevent important tax policy goals of limiting tax-related debt financing of businesses and corporations from being achieved. According to the BFH, the German Federal Bar Association and the predominant opinion in the German literature, the interest limitation rule violates the ability-to-pay principle under Article 3 (1) of the German Basic Law. However, the existing analysis falls short. An economic and legal analysis of the interest limitation shows that it does not violate constitutional law. Under constitutional law, the legislator may limit the amount of the tax-effective deduction of business expenses to interest expenses that are customary in the market. In doing so, the legislator can use recognized financial ratios, such as the interest-coverage ratio (ICR) that stands behind the 30% EBITDA limit. Constitutional law does not provide for an unlimited tax deduction of interest expenses.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[On the Effectiveness of Insolvency and Bankruptcy Code, 2016: Empirical Evidence From India]]></title>
            <link>https://sciendo.com/article/10.2478/law-2022-0003</link>
            <guid>https://sciendo.com/article/10.2478/law-2022-0003</guid>
            <pubDate>Sat, 31 Dec 2022 00:00:00 GMT</pubDate>
            <description><![CDATA[

The Indian insolvency regime has undergone a historic change with the introduction of the Insolvency and Bankruptcy Code, 2016. This paper empirically analyses the effectiveness of the Code in the Indian economy. The paper also studies the insolvency frameworks that existed in India, the distinguishing features, and the legal framework of the Code. The analysis of the current status of the Indian insolvency regime with time series and cross-sectional data clarifies the non-performing assets trajectory, recovery rates, and time required under different recovery mechanisms, a summary of cases under the new Code and the status of India in the international insolvency systems. The empirical evidence of this study suggests that the Code is an improvement over its predecessors in terms of recovery rates, resolution of non-performing assets, and resolution costs. The Code should be subjected to necessary improvements to evolve and become a foolproof mechanism. Suggestions to that effect are offered in the final section.
]]></description>
            <category>ARTICLE</category>
        </item>
        <item>
            <title><![CDATA[From the Editorial Board]]></title>
            <link>https://sciendo.com/article/10.2478/law-2022-0005</link>
            <guid>https://sciendo.com/article/10.2478/law-2022-0005</guid>
            <pubDate>Sat, 31 Dec 2022 00:00:00 GMT</pubDate>
            <category>ARTICLE</category>
        </item>
    </channel>
</rss>