Asas Keseimbangan Para Pihak Terhadap Perjanjian Bisnis yang Dilakukan Secara Lisan

Fahriansyah, Ahmad Zamroni (2019) Asas Keseimbangan Para Pihak Terhadap Perjanjian Bisnis yang Dilakukan Secara Lisan. Undergraduate thesis, Untag 1945 Surabaya.

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Abstract

So strong is the limitation of the principle of balance as a result of the use of standard agreements in the business world by one party, so that for the other party the balance that remains is only a choice between accepting or rejecting the terms of the standard agreement offered to him that. The problem in this study is how to apply the principle of balance for the parties to business cooperation agreements that are carried out orally? What is the implementation of legal protection for parties to business cooperation agreements that are carried out orally? The research method used is normative juridical with qualitative descriptive analysis. The results of the study stated that the application of the principle of balance for the parties to the business cooperation agreement that was carried out verbally did not materialize. This is because the Panel of Judges at the appeal and cassation level were not even recognized as an oral agreement made by Junaidi ST and Drs. Sukamto Handoko because there was no agreement. These considerations certainly contradict Article 1338 of the Civil Code concerning the principle of freedom of contract which emphasizes that the public is permitted to make any agreement as long as the agreement meets the provisions of Article 1320 of the Civil Code and the agreement will bind them to make it like a law

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