Dasar Hukum Obligation to Contract  

Oleh:

Silalahi, Jur. M. Udin

Jenis: Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Dalam koleksi: Jurnal Hukum Bisnis vol. 22 no. 2 (2003), page 92-96.
Topik: OBLIGATION; Obligation to Contract; hukum kontrak

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: JJ102.3 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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Isi artikel

The obligation to contract, he said, an exception of the principle of freedom of contract, since basically it is one;s right to be free to determine a contrct with someone else. The allowed restrictions of freedom of contract are social norm and the prevail regulation. On one hand, the freedom of contract has dual function viz. The freedom of dcifing contract with someone, and the freedom of determining term and condition of the contract. On the other hand, obligation to contract has only given someone to sign or to refuse the contract, there is no right for somebody to change the term and condition of the contract. In Germany's jurisprudence, obligation to contract has been interpreted as a tool of economic, competition and regulated by government especially in the public sectors and services such as, electric supply, telecomunication and post. Generally, obligation to contract has been caused by the domination of state own company or monopolized by private sector in the field of public services.

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