Yuridika
Vol. 30 No. 2 (2015): Volume 30 No 2 Mei 2015

PAKSAAN EKONOMI DAN PENYALAHGUNAAN KEADAAN SEBAGAI BENTUK CACAT KEHENDAK DALAM PERKEMBANGAN HUKUM KONTRAK

Fani Martiawan Kumara Putra (Fakultas Hukum Universitas Wijaya Kusuma Surabaya)



Article Info

Publish Date
18 May 2015

Abstract

In fulfillment of a contract, it must be based on good faith and based on the terms of validity of the contract that has been arranged in Burgerlijk Wetboek (BW). One of its requirements is agreed, this agreement apparently has a variety of important aspects, regarding the will. The will is an important part in the validity of a contract, when there is a defect of the will, then the contract would have to see the consequences. Defects of will shall include a compulsion, which lately appeared similar pattern type that called abuse of circumstaces and economic duress. Both of them are not set in BW. This situation is different from compulsion (dwang) in general, yet still have some similarities in their characteristics. Because it is still just a doctrine, then the solution requires prudence and foresight of the judges.

Copyrights © 2015






Journal Info

Abbrev

YDK

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of Yuridika article concerns dogmatic legal studies, this is the procedure of scientific research to find the truth of the logic of the dogmatic legal studies, particulary in developing and emerging countries. These may include but are not limited to various field such as : 1 Criminal Law; ...