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The Principle of Consensualism and Freedom of Contract as a Reflection of Morality and Legal Certainty of Contract Laws in Indonesia.

Authors :
Tarmizi
Source :
Webology; Dec2020, Vol. 17 Issue 2, p336-347, 12p
Publication Year :
2020

Abstract

Differences in the civil law system in each country will substantially distinguish the legal principles adopted and the regulation of the treaty law. This study seeks to analyze the principles of law that exist in Indonesia in ensuring certainty in the implementation of contracts as a derivation of treaty law. In general, the basic principles of treaty law have been legalized in various forms of regulations and in the national legal system. Taking various perspectives on the main theories on justice and expediency, this study originally focused on the state's authority to guarantee the rights of citizens in agreements. The results of the study revealed that the principle of consensualism relating to the birth of the contract, the principle of freedom of contract relating to the contents of the contract and the principle of binding force relating to the effect of the contract of principles in carrying out the agreement absolutely must be fulfilled if the parties agree to bind themselves in carrying out legal actions. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
1735188X
Volume :
17
Issue :
2
Database :
Supplemental Index
Journal :
Webology
Publication Type :
Academic Journal
Accession number :
147863286
Full Text :
https://doi.org/10.14704/WEB/V17I2/WEB17036