The Principle of Equiliberium In A Business Contract

Bukit, Jonneri (2018) The Principle of Equiliberium In A Business Contract. Doctoral thesis, Untag 1945 Surabaya.

[img] Text
ABSTRAK.pdf

Download (1MB)
[img] Text
BAB I.pdf

Download (604kB)
[img] Text
BAB II.pdf

Download (529kB)
[img] Text
BAB III.pdf
Restricted to Repository staff only

Download (656kB)
[img] Text
BAB IV.pdf

Download (91kB)
[img] Text
DAFTAR PUSTAKA.pdf

Download (183kB)
[img] Other (Generate index codes conversion from text to indexcodes)
indexcodes.txt
Restricted to Repository staff only

Download (0B)
[img] Other (Thumbnails conversion from text to thumbnail_lightbox)
lightbox.jpg

Download (0B)
[img] Other (Thumbnails conversion from text to thumbnail_medium)
medium.jpg

Download (0B)
[img] Other (Thumbnails conversion from text to thumbnail_preview)
preview.jpg

Download (0B)
[img] Other (Thumbnails conversion from text to thumbnail_small)
small.jpg

Download (0B)
[img] Other (Thumbnails conversion from text to thumbnail_small)
small.jpg
Restricted to Repository staff only

Download (0B)
[img] Other (Thumbnails conversion from text to thumbnail_lightbox)
lightbox.jpg

Download (0B)
[img] Other (Thumbnails conversion from text to thumbnail_preview)
preview.jpg

Download (0B)
[img] Other (Thumbnails conversion from text to thumbnail_medium)
medium.jpg

Download (0B)
[img] Other (Generate index codes conversion from text to indexcodes)
indexcodes.txt

Download (0B)
[img] Other (Generate index codes conversion from text to indexcodes)
indexcodes.txt

Download (0B)
[img] Other (Generate index codes conversion from text to indexcodes)
indexcodes.txt

Download (0B)
[img] Other (Generate index codes conversion from text to indexcodes)
indexcodes.txt

Download (0B)
[img] Other (Thumbnails conversion from text to thumbnail_lightbox)
lightbox.jpg

Download (0B)
[img] Other (Thumbnails conversion from text to thumbnail_preview)
preview.jpg

Download (0B)
[img] Other (Thumbnails conversion from text to thumbnail_small)
small.jpg

Download (0B)
[img] Other (Thumbnails conversion from text to thumbnail_medium)
medium.jpg

Download (0B)
[img] Other (Generate index codes conversion from text to indexcodes)
indexcodes.txt

Download (0B)
[img] Other (Generate index codes conversion from text to indexcodes)
indexcodes.txt
Restricted to Repository staff only

Download (0B)

Abstract

The principle of equilibrium is very strong in all agreements because the strong side must be balanced with the weak. Violation of the principle of balance will lead to arbitrary authority and may cause discriminatory treatment and will bring adverse effects to the weak. The growing civil law today is a gamble of the balance principle in real life and can be felt in business and commercial combat, the arbitrariness behind freedom of contract in fact has violated and crashed the balance principle and the very weak will be harmed in the future. If there is a recurring event in all agreements made then, need to be set firmly, the possibilities to always appreciate the principle of balance. This denial of the principle of equilibrium, will keep the law from its objectives of justice, certainty and usefulness, and indeed balance and restored and unlawful acts also diminish. Weak communities with the restoration of the balance principle will gain equal rights and equality, and are no longer subject to adverse and unbalanced treatment. The standard agreement always identified with the agreement with freedom of contract should be limited by the recall of the balance of the parties. Freedom of contract should not strike a balance principle because balance is self-esteem and has a very strong position for all human beings. Harassment against fellow human beings is evidence of unbalanced thinking, if the poor are treated unbalanced, then there will be people's power to restore self-esteem in the form of a balance recognized by public law and private law. The absence of balance from either party in making the agreement can lead to a counterattack against the exoneration clause in the agreement. The use of standard agreements is then widely misused as an overly visible reason for misleading legal thought, as well as to profit from sole entrepreneurs or sellers and would be a legal matter if it no longer respects the principle of equilibrium. Many parties who feel strongly from the economic side turned out to be in legal cases, have been proven to err, arbitrary and discriminatory, resulting in unnecessary resistance if there is a sense of respect for other parties or partners.

Item Type: Thesis (Doctoral)
Uncontrolled Keywords: Balance principle, deviation balance with standard agreement.
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Doktor Ilmu Hukum
Depositing User: Didik Ahmad
Date Deposited: 11 Jan 2022 07:39
Last Modified: 11 Jan 2022 07:39
URI: http://repository.untag-sby.ac.id/id/eprint/13511

Actions (login required)

View Item View Item