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The Principles of Agreement

The Principles of Agreement. Dewi Nurul Musjtari University of Muhammadiyah Yogyakarta. Pursuant to Article 1338 paragraph (1) Civil Code :. “ All agreements are made legally valid as a law for the parties who made ” There are three principles:

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The Principles of Agreement

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  1. The Principles of Agreement Dewi Nurul Musjtari University of Muhammadiyah Yogyakarta

  2. Pursuant to Article 1338 paragraph (1) Civil Code: “All agreements are made legally valid as a law for the parties who made” There are three principles: a. The Principle of Konsensualisme b. The principle of freedom of contract c. The principle of PactaSuntServanda

  3. The Principle of Konsensualisme: Meaning that the treaty is already happeningsince the agreement of the parties. Konsensualisme principle is related to the agreement and the birth of the agreement.

  4. The Principle of Freedom of Contract: The intention is that everyone is free to make any agreement insofar as not inconsistent with law, morality and public order. The principle of freedom of contract is related to the content of the agreement.

  5. The Principles of Freedom of Contract: Free meaning, among other things:a. Free to make or not make an appointmentb. Free to determine the content of the agreementc. Free with whom he would make arrangementsd. Free to determine the terms of the agreemente. Free to determine which provisions will be used as a basis in the settlement agreement

  6. The Pinciple of Pacta Sunt Servanda: Meaning is the agreement made legally valid as a law for the parties who made ​​it. The parties should implement the agreement as implementing the Act. This The principle of is a legal certainty, or binding agreements. If the parties to the dispute, then what has been agreed as a guide in completing it.

  7. Pursuant to Article 1338 paragraph (3): "The agreement executed with Good faith". Good Faith The principle of is twofold:1. The principle of good faith within the meaning subjectif, means that the agreement was executed with honesty.2. The principle of good faith in terms of objectives, means the agreement executed with propriety and justice.

  8. DEFAULT: Means: a state where the debtor fails to execute his acchomplishementfor his iniquity, and he was reprimanded. With assessments if the debtor does not do what he promised the said default. In default of a debtor may be four types, namely: a. Affordable are not doing what would be done b. Implement what he promised but not as promised c. Do what was promised, but too late.d. Doing something which, according to the agreement not to do.

  9. If the debtors are in default, the creditor can sue a number of possible charges, namely: a. Fulfillment of the agreement. b. Fulfillment of the agreement with compensation. c. To pay compensation.  d. Cancellation of the agreement. e. Cancellation of contract with loss.

  10. The compensation can be broken down into three, namely: Costs, Loss and Interest. The costs are all expenses which obviously have been issued by either party; The loss is the loss due to damage to the goods belonging to creditors caused by the negligence of the debtor. The interest is in the form of lost profits damages that have been imagined or calculated by the lender (Subekti, 1987: 47).

  11. OVERMACHT: Overmacht often also called "force majeure" is commonly translated as circumstances force (RiduanSyahrani, 1992: 246). Circumstances force the condition is not fulfilled by the debtor's performance due to events that can not be known or can not be expected to occur when an appointment. In case of force, the debtor can not be blamed, because of circumstances arising beyond the capability of forcing the debtor.

  12. The concequence: Due to the circumstances force is the emergence of the issue of risk. Risk is the obligation to bear the loss resulting from overmacht. Regulation of risk in the agreement Civil Code. a. The agreement unilaterally risk borne by creditors (Article 1237 Civil Code). b. In the agreement the exchange risk is borne by the owner of the goods (Article 1545 Civil Code). c. In the lease agreement, the risk borne by the owner of the object (Article 1553 Civil Code).

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