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Transaction design standards for the operationalisation of fairness and empowerment in proactive contracting Cover

Transaction design standards for the operationalisation of fairness and empowerment in proactive contracting

Open Access
|Oct 2020

Abstract

Fairness and empowerment are aspirational concepts in law. The scientific and professional legal community has not convened on their substance and the ways they can be achieved. Therefore, there is an inherent risk that the values they entail become lip services that lack determination and reliability. This section addresses the problem revisiting and expanding the Taxonomy of Legal Usability and User Experience Factors, one of the first attempts to synthetize parametric standards for transaction design. The paper adds factors and criteria that operationalise procedural legitimacy principles for transacting that increase the proactive capacities of contracting activities to prevent and/or resolve disputes. It speaks of transactions as the smallest constitutive units of all exchange relations that allow upgrades, assuming that planning, negotiating and managing contracts, as well as other legally relevant products, services, interactions, processes and systems, will benefit from an integrated epistemological perspective and its institutionalization.

DOI: https://doi.org/10.2478/iclr-2020-0008 | Journal eISSN: 2464-6601 | Journal ISSN: 12138770
Language: English
Page range: 180 - 200
Published on: Oct 14, 2020
Published by: Palacký University Olomouc
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2020 Maria Claudia Solarte-Vasquez, Petra Hietanen-Kunwald, published by Palacký University Olomouc
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.