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MODERN ISSUES OF CONTRACT LAW IN AGRIBUSINESS
Qurbonova Dinora
Andijan Institute of Agriculture and Agrotechnologies.
Jurisprudence (agricultural law) educational field
2nd year student
https://doi.org/10.5281/zenodo.15478384
Abstract
: This article analyzes contemporary problems of contract law in the
agribusiness sector. In particular, it covers uncertainties in the conclusion of contracts, the
legal status of contracts in electronic form, the lack of legal advice and the consequences of
violating the terms of the contract. The author puts forward solutions and proposals based on
shortcomings in practice. In particular, initiatives such as creating an electronic contract
platform, increasing legal literacy for farmers and entrepreneurs, and resolving disputes
through mediation are proposed.
Keywords:
agribusiness, contract law, electronic contract, legal advice, mediation,
disputes.
Annotation:
This article analyzes the modern problems of contract law in the field of
agribusiness. In particular, it discusses uncertainties in contract drafting, the legal status of
electronic contracts, lack of legal advice, and the consequences of contract violations. The
author, based on practical shortcomings, proposes solutions and recommendations, including
the creation of electronic contract platforms, improving the legal literacy of farmers and
entrepreneurs, and promoting dispute resolution through mediation.
Keywords:
agribusiness, contract law, electronic contract, legal advice, mediation,
disputes.
Annotation:
This article analyzes modern problems of contract law in the field of
agribusiness. In particular, it examines uncertainties in drafting contracts, the legal status of
electronic contracts, the lack of legal advice, and the consequences of breach of contract
terms. Based on practical shortcomings, the author puts forward proposals and
recommendations, including the creation of platforms for electronic contracts, increasing the
legal literacy of farmers and entrepreneurs, and popularizing mediation for dispute
resolution.
Keywords:
agribusiness, agreement, electronic agreement, legal consultation,
mediation, dispute.
INTRODUCTION.
In today's globalization and digital economy, agribusiness has become
one of the most important sectors of the economy. Indeed, as we know, humanity has a
constant need for 3 things: food, clothing, housing, all of which cannot be provided without
agricultural products. Regulation of legal relations in agribusiness, especially the correct and
effective conduct of contractual relations, is one of the necessary conditions for the
sustainable development of the industry. However, a number of problems arise in
agribusiness contracts in modern conditions.
METHODOLOGY.
Contracts in agribusiness usually cover various areas such as the
supply of agricultural products, processing, storage, provision of services, or conducting
partnership activities. These contracts are regulated by the Civil Code of the Republic of
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Uzbekistan, the Law "On Farming" , the Law " On the Contractual Legal Framework of the
Activities of Economic Entities " and other regulatory legal acts.
RESULTS.
In practice, many contracts are concluded with general and vague
expressions. This makes it difficult for the parties to clearly define their rights and obligations
in the event of disputes. Each contract must be concluded taking into account its subject
matter, parties, amount and other specific features, even taking into account possible
disputes. Failure to comply with the form required by law will render the contract invalid only
if it is directly provided for in the law.
A transaction whose content does not comply with the requirements of the legislation,
as well as a transaction concluded with a purpose deliberately contrary to the principles of
law and order or morality, is invalid in itself. The rules stipulated in Part Two of Article 114 of
this Civil Code shall apply to such a transaction.
A transaction concluded in the presence of corruption, including a conflict of interest,
will be declared invalid in court.
The legal status of electronic contracts is not fully established. Agribusiness entities
often make technical and legal errors when concluding electronic contracts.
Some entrepreneurs and farms act without seeking legal advice when concluding
contracts, which can be detrimental to them. Especially when concluding large contracts
without legal advice, it can only worsen the situation of the business entity in the future.
Due to the frequent fluctuations in the prices of agricultural products, the terms and
conditions at the time of conclusion of the contract quickly become irrelevant. This
necessitates the adaptation of the legal mechanisms of the contract.
There are cases of violation of the principles of injustice and proportionality in
determining penalties and compensation in case of breach of contract. When drawing up a
contract, it is necessary to individualize it when using model contracts or copying from other
contracts . Failure to do so may lead to various misunderstandings.
Solutions and suggestions:
- Develop methodological guidelines for concluding contracts with clear and complete
terms.
- Creating electronic contract platforms for agribusiness entities and providing them
with legal guarantees.
- Organizing seminars and trainings to increase the legal literacy of farmers and
entrepreneurs.
- Including special clauses in contracts that take into account financial risks such as
inflation and price fluctuations.
- Introduce proportionate and fair liability mechanisms for breach of contract terms.
It is also a wise initiative to popularize the use of mediation in resolving disputes
between parties to a contract. This will save them time and money, and if a mediation
agreement is concluded before the judge leaves the courtroom (consultation room), the case
will be dismissed based on Article 122 of the Criminal Procedure Code and Article 107 of the
Criminal Procedure Code, and the state fee will be refunded.
Furthermore, if the contracts are notarized and registered with the state, it will be
possible to collect the debt through a notary's writ of execution.
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CONCLUSION.
The development of contract law in the agribusiness sector on a solid and
modern basis not only regulates interpersonal relations, but also ensures trust and stability in
the entire industry. Therefore, timely identification of modern problems and their elimination
with legal solutions is one of the main directions of protecting the interests of agribusiness
entities.
References:
Используемая литература:
Foydalanilgan adabiyotlar:
1.
Civil Code of the Republic of Uzbekistan. August 29, 1996, No. 257-I. //
https://lex.uz/docs/111187
2.
Law of the Republic of Uzbekistan “On Farming”. April 30, 2004, No. O'RQ-597. //
https://lex.uz/docs/81123
3.
Law of the Republic of Uzbekistan “On the contractual and legal framework of the
activities of economic entities”. August 29, 1993, No. 937-XII. // https://lex.uz/docs/24265
4.
Law of the Republic of Uzbekistan “On Electronic Commerce”. April 29, 2015, No. O'RQ-
394. // https://lex.uz/docs/2672261
5.
Civil Procedure Code of the Republic of Uzbekistan. September 1, 1997, No. 201-I. //
https://lex.uz/docs/111463
6.
Law of the Republic of Uzbekistan “On Mediation Activities”. July 3, 2018, No. O'RQ-482.
// https://lex.uz/docs/3768419
7.
Rakhmatov BR “Civil Law of the Republic of Uzbekistan”. Book 1. – Tashkent: TDYU
Publishing House, 2021. – 320 p.
8.
“National database of legislative documents of the Republic of Uzbekistan” –
https://lex.uz
