Justice for the Parties to the Standard Agreement Relating to the Freedom Contract Principle
This research investigates the considerations necessary for creating a fair standard contract and implementing the principle of freedom of contract. A standard contract, typically drafted by one party with predetermined terms, is crucial in commercial transactions. Despite the principle of freedom o...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Universitas Islam Negeri Alauddin Makassar
2024-03-01
|
| Series: | Alauddin Law Development Journal |
| Subjects: | |
| Online Access: | https://journal.uin-alauddin.ac.id/index.php/aldev/article/view/45452/19584 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1850173198541258752 |
|---|---|
| author | Nadia Aurynnisa Prihandini Ery Agus Priyono |
| author_facet | Nadia Aurynnisa Prihandini Ery Agus Priyono |
| author_sort | Nadia Aurynnisa Prihandini |
| collection | DOAJ |
| description | This research investigates the considerations necessary for creating a fair standard contract and implementing the principle of freedom of contract. A standard contract, typically drafted by one party with predetermined terms, is crucial in commercial transactions. Despite the principle of freedom of contract, ensuring fairness for all parties involved remains a challenge. The method employed is normative juridical research, utilizing secondary data sources. The findings showed that the standard contracts may not violate the principle of freedom of contract outlined in Article 1320 and Article 1338 of the Civil Code, conflicts may arise, particularly due to restrictive clauses like exoneration clauses. Parties have the right to review the contract and accept or reject its terms. However, disparities persist in standard contract formation, highlighting the need for further examination of their fairness and compliance with legal principles |
| format | Article |
| id | doaj-art-e041589e26894a7da68acd579f4fd3bd |
| institution | OA Journals |
| issn | 2714-8742 2686-3782 |
| language | English |
| publishDate | 2024-03-01 |
| publisher | Universitas Islam Negeri Alauddin Makassar |
| record_format | Article |
| series | Alauddin Law Development Journal |
| spelling | doaj-art-e041589e26894a7da68acd579f4fd3bd2025-08-20T02:19:54ZengUniversitas Islam Negeri Alauddin MakassarAlauddin Law Development Journal2714-87422686-37822024-03-016Vol. 6 No. 1 (2024): Social Justice Issues in The National and Global Context108116https://doi.org/10.24252/aldev.v6i1.45452Justice for the Parties to the Standard Agreement Relating to the Freedom Contract PrincipleNadia Aurynnisa Prihandini0Ery Agus Priyono1Universitas DiponegoroUniversitas DiponegoroThis research investigates the considerations necessary for creating a fair standard contract and implementing the principle of freedom of contract. A standard contract, typically drafted by one party with predetermined terms, is crucial in commercial transactions. Despite the principle of freedom of contract, ensuring fairness for all parties involved remains a challenge. The method employed is normative juridical research, utilizing secondary data sources. The findings showed that the standard contracts may not violate the principle of freedom of contract outlined in Article 1320 and Article 1338 of the Civil Code, conflicts may arise, particularly due to restrictive clauses like exoneration clauses. Parties have the right to review the contract and accept or reject its terms. However, disparities persist in standard contract formation, highlighting the need for further examination of their fairness and compliance with legal principleshttps://journal.uin-alauddin.ac.id/index.php/aldev/article/view/45452/19584roleprinciple of freedom of contractstandard contract |
| spellingShingle | Nadia Aurynnisa Prihandini Ery Agus Priyono Justice for the Parties to the Standard Agreement Relating to the Freedom Contract Principle Alauddin Law Development Journal role principle of freedom of contract standard contract |
| title | Justice for the Parties to the Standard Agreement Relating to the Freedom Contract Principle |
| title_full | Justice for the Parties to the Standard Agreement Relating to the Freedom Contract Principle |
| title_fullStr | Justice for the Parties to the Standard Agreement Relating to the Freedom Contract Principle |
| title_full_unstemmed | Justice for the Parties to the Standard Agreement Relating to the Freedom Contract Principle |
| title_short | Justice for the Parties to the Standard Agreement Relating to the Freedom Contract Principle |
| title_sort | justice for the parties to the standard agreement relating to the freedom contract principle |
| topic | role principle of freedom of contract standard contract |
| url | https://journal.uin-alauddin.ac.id/index.php/aldev/article/view/45452/19584 |
| work_keys_str_mv | AT nadiaaurynnisaprihandini justiceforthepartiestothestandardagreementrelatingtothefreedomcontractprinciple AT eryaguspriyono justiceforthepartiestothestandardagreementrelatingtothefreedomcontractprinciple |