The Principle of Balance to Realize Justice of the Parties in Standard Agreements for Business Format

DOI

10.2991/assehr.k.211203.080How to use a DOI?

Keywords

Fairness; Principle of Balance; Standard Business Format Agreement

Abstract

Business people in various contracts commonly use standard business format agreements; progress in the economy with the development of digital businesses today demands efficiency in costs, energy, and time. Standard business contract agreements do not reflect the principle of balance of the parties in the agreement, which emphasizes the realization of a balance (similarity) between the rights and obligations of the parties. The position imbalance in the standard business contract agreement is caused because the parties have different bargaining positions. The position imbalance in the standard business contract agreement is caused because the parties have different bargaining positions. This research aims to understand the implementation of the principle of balance in a standard business format agreement that provides justice for the parties. The research method is a normative research type, which refers to the legal norms contained in the legislation. Primary and secondary legal materials and qualitative analysis are presented in an analytical descriptive manner. The study results indicate that an imbalance occurs, which places the parties in different economic powers. Instead, they should be faced with a parallel position and harmony, with the fulfillment of the rights and obligations of the parties; in other words, if the business actor has fulfilled the obligations and rights, then the consumer will no one be harmed. So the principle of balance is the basis for the creation of a good and fair agreement.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Ni Luh Made Mahendrawati
PY  - 2021
DA  - 2021/12/03
TI  - The Principle of Balance to Realize Justice of the Parties in Standard Agreements for Business Format
BT  - Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)
PB  - Atlantis Press
SP  - 361
EP  - 365
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211203.080
DO  - 10.2991/assehr.k.211203.080
ID  - Mahendrawati2021
ER  -