University:
California State University, Northridge
Course:
CJS 320 | Introduction to Criminal Law and Legal Analysis
Academic year:

2024
Views:

196

Pages:

2
Author:

Peggy D.

Course : Economic Law Lecture : Indah Credit Hours : 3 Credits Semester Sessions : 3 Semester, 2021/2022 Session Prepared By : Pegyy Dania LECTURE NOTES Engagement and Agreement and Agreement Arrangements The Principles of the Covenant In the science of law, there are several principles of law against a contract is as follows: a. The principle of contract as the governing law The governing law is the legal regulations applies to legal subjects, for example the parties to an agreement contract. However, such legal provisions are not absolute validity because if the parties arrange otherwise, then What applies is what is regulated by the parties. So regulations that are legal in nature regulate can deviated by the parties. In principle contract law included in the category of regulating law, namely in part major part (though not entirely) of the contract law parties can deviate by arranging it themselves. Therefore this contract law is referred to as the law that have an open system. As opposed to the law governs, is what is called "law force". In this case what is meant by coercive law is a rule of law that applies compulsorily or absolute, in the sense that it cannot be deviated by the parties concerned involved in a legal action including by para party to a contract. b. The principle of freedom of contract This principle of freedom of contract is a consequence of the application of the principle of contract as a governing law. In terms of This is what is meant by the principle of freedom of contract a hope that teaches that the parties in a contract is in principle free to make or not make contracts, so is his freedom to determine the contents of the contract yourself. The principle of freedom this contract is limited by legal signs as following: 1) Must qualify as a contract 2) Not prohibited by law 3) Does not conflict with prevailing customs 4) Must be implemented in good faith. Principle of Pacta Sunt Servanda The term "Pacta Sunt Servanda" means "the promise is binding". Which meant is that a contract made by valid by the parties binding on the parties in full according to the contents of the contract. His famous term is “my word is my bonds” or in accordance with the appearance of the Indonesian language "If a cow is held by the rope, if a human is held by the mouth." Bind it in full to the contract made by the the parties are considered by law to be equal in force with the binding force of a law. Therefore, if a party to the contract does not comply with the contract he has made, by law provided compensation or even forced execution of the contract.