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Law enforcement through the principle of good faith in the pre-contract phase according to Indonesian civil law
Onny Medallions1, Ida Nadirah2.
Faith Good is something abstract and difficult meaning For formulated , deep
implementation agreement faith Good become something principle related with problem
propriety and appropriateness . obscurity principle faith Good Already felt important confirm
Good in circles academics nor practitioner including the judges who decide dispute civil
proceedings in court . Moreover in law sourced Indonesian civil law from the Civil Code No
explain more detail When commencement principle faith Good in something agreement is it in
phase implementation contract or principle faith Good can started since phase pre contract .
With development law contract moment this , in phase pre contract sometimes Already happen
event law that causes loss party in that will carry out agreement . this writing discuss about
position principle faith Good in phase pre linked contract with system enforcement law in effort
upright function upright norms law in a manner real as guidelines behavior in connection law
. Analysis results from wrote this, system enforcement law This can reviewed from corner
subjective and angular objective . As public as subject law from beginning in preprocessing _
contract has can apply principle obedience and honesty to what already _ become agreement
early, though That Not yet poured in agreement written . Where did it happen dispute
Civilization in pre- era contract , then here demanded the role of the Judge in give evaluation
application principle faith Good as position strategic in realize enforcement law agreement i.e.
through development understanding faith Good in activity invention impact law _ to system
enforcement law . Development law Indonesian civil law , regulation principle faith Good it
turns out Already enter in a number of design regulation legislation, for example in script
Academic Contract Law Bill, manuscript Academic Bill of Civil Procedure Law, manuscript
academic Bill on Commercial Law, Land Bill and so on
Affiliation:
- Universitas Muhammadiyah Sumatera Utara, Indonesia
- Universitas Muhammadiyah Sumatera Utara, Indonesia
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