author:
Eka Priambodo, SH., MH
Advocates and students of the law science program
Eka Priambodo, SH., MH
Advocates and students of the law science program
Associations in
the community can not be separated from the existence of a meeting of wills
into an agreement and more promised, even made in formal form in the form of a
contract.
Contracts are often referred to as agreements and the difference between them is a written contract while the agreement can be written or oral. The contract has an understanding, is an event where two or more people unite their will and agree to hold and do or not do a certain act, and for the contract is usually written in writing.
An agreement or contract becomes important when a person is faced with business activities, because the important points that will be promised or regulated will affect the sustainability of the business itself. Not much is due to lack of agreement arrangements or the existence of things that are not in accordance with the agreement cause a dispute in the future, the discrepancy is an indication of the existence of "Unlawful Actions". Even an agreement that has been arranged so well does not guarantee that there will be no dispute, in this case we often hear the word "Default".
The question arises, "then how do you make an agreement or contract that does not cause a dispute in the future?". No one knows for certain that the agreement or contract that was made and signed by the parties did not cause a dispute. However, to minimize the existence of worries in the agreement rules and principles in contract are given. Contract law generally has several principles, including:
1. Principles of Freedom Contracting Principles (Freedom Of Contract)
Freedom contracts to give freedom to someone or parties in several ways, including:
a) to make or not make an agreement
b) to enter into agreements with anyone / any party.
c) To determine the contents of the agreement, implementation and requirements;
d) To determine the form of the agreement, namely written or oral.
Contracts are often referred to as agreements and the difference between them is a written contract while the agreement can be written or oral. The contract has an understanding, is an event where two or more people unite their will and agree to hold and do or not do a certain act, and for the contract is usually written in writing.
An agreement or contract becomes important when a person is faced with business activities, because the important points that will be promised or regulated will affect the sustainability of the business itself. Not much is due to lack of agreement arrangements or the existence of things that are not in accordance with the agreement cause a dispute in the future, the discrepancy is an indication of the existence of "Unlawful Actions". Even an agreement that has been arranged so well does not guarantee that there will be no dispute, in this case we often hear the word "Default".
The question arises, "then how do you make an agreement or contract that does not cause a dispute in the future?". No one knows for certain that the agreement or contract that was made and signed by the parties did not cause a dispute. However, to minimize the existence of worries in the agreement rules and principles in contract are given. Contract law generally has several principles, including:
1. Principles of Freedom Contracting Principles (Freedom Of Contract)
Freedom contracts to give freedom to someone or parties in several ways, including:
a) to make or not make an agreement
b) to enter into agreements with anyone / any party.
c) To determine the contents of the agreement, implementation and requirements;
d) To determine the form of the agreement, namely written or oral.
According to the provisions of Article 1338 paragraph (1) of the Civil Code, which reads "All agreements made legally apply as laws for those who make them."
2. Principle of Consensualism (Concensualism)
The principle of consensualism can be said to be a reflection of Article 1320 paragraph (1) of the Civil Code, which requires that one agreement must have an agreement (consensus). The agreement is the result of meeting the will of the parties / both parties.
3. Principle of Legal Certainty (Pacta Sunt Servanda)
The principle of legal certainty or often referred to as the principle of Pacta Sunt Servanda means that both parties must respect and comply with and carry out the agreements / contracts that have been made.
4. Principle of Good Faith (Good Faith)
The principle of good faith is absolutely necessary so that the agreements made by both parties are carried out properly and end well.
According to Article 1338 KUHPerdata paragraph (3)
5. Principles of Personality
Someone who will make an agreement only for individual interests. This is confirmed in Article 1315 of the Civil Code, "In general, a person cannot hold an agreement or agreement other than for himself."
However, in Article 1320 the Civil Code regulates the legal terms of the agreement which include:
1. Agreement
The agreement is the will that has been agreed upon and agreed upon by the parties who will make the agreement.
2. Skills
Skills are the level of every person who is considered to have matured and has fulfilled the requirements to do legal actions, for example in the Civil Code for adult size is 21 years for men and 19 years for women. Whereas in the Marriage Law no.1 of 1974, the adult size for men is 19 years and for women is 16 years.
3. Certain things (objects)
In the agreement there must be a clear matter that can be arranged.
4. Causal law
The thing that will be promised does not violate the applicable laws and regulations and does not violate the legal norms that apply in the community. Halal things are regulated in Article 1335 of the Civil Code, "an agreement without cause or made with a false cause or a reason that is not permitted, has no legal force."
The legal consequences if the legal conditions of the agreement that have been stipulated in Article 1320 of the Civil Code are not fulfilled include:
1. Cancel For Law
Canceled by law if the objective conditions are not fulfilled, related to
a) Specific Subjects
b) Causal things
2. Cancelable
The agreement can be canceled if the subjective conditions are not met, related to
a) An agreement, if there is a known defect in the will or an error, coercion and fraud is known
b) Skills, if it is known that one of the parties turns out to be incapable of carrying out an agreement, such as being known to be under guardianship or in a legal decision it is known to be declared ineligible.
Practice or in reality the agreement does not necessarily null and void by law, but must be proven through legal proceedings to file a lawsuit to the Court. Legal efforts carried out by one of the parties, based on an indication of illegal actions that caused the disability of an agreement.
Thus in general regarding contracts or agreements.
Hopefully it can be useful.
The agreement is the will that has been agreed upon and agreed upon by the parties who will make the agreement.
2. Skills
Skills are the level of every person who is considered to have matured and has fulfilled the requirements to do legal actions, for example in the Civil Code for adult size is 21 years for men and 19 years for women. Whereas in the Marriage Law no.1 of 1974, the adult size for men is 19 years and for women is 16 years.
3. Certain things (objects)
In the agreement there must be a clear matter that can be arranged.
4. Causal law
The thing that will be promised does not violate the applicable laws and regulations and does not violate the legal norms that apply in the community. Halal things are regulated in Article 1335 of the Civil Code, "an agreement without cause or made with a false cause or a reason that is not permitted, has no legal force."
The legal consequences if the legal conditions of the agreement that have been stipulated in Article 1320 of the Civil Code are not fulfilled include:
1. Cancel For Law
Canceled by law if the objective conditions are not fulfilled, related to
a) Specific Subjects
b) Causal things
2. Cancelable
The agreement can be canceled if the subjective conditions are not met, related to
a) An agreement, if there is a known defect in the will or an error, coercion and fraud is known
b) Skills, if it is known that one of the parties turns out to be incapable of carrying out an agreement, such as being known to be under guardianship or in a legal decision it is known to be declared ineligible.
Practice or in reality the agreement does not necessarily null and void by law, but must be proven through legal proceedings to file a lawsuit to the Court. Legal efforts carried out by one of the parties, based on an indication of illegal actions that caused the disability of an agreement.
Thus in general regarding contracts or agreements.
Hopefully it can be useful.
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