The Meaning of Good Faith Philosophy in Sale and Purchase Agreement of Land Rights Drawn up Before a Notary/Land Deed Conveyancer
- DOI
- 10.2991/assehr.k.211203.033How to use a DOI?
- Keywords
- Contract Law; Good Faith; Sale and Purchase Agreement of Land Rights
- Abstract
This study examined and analyzed the philosophical meaning of the good faith principle in legal provisions in Indonesia, like contract law. The principle regarding good faith is often debated, and this is because the parties to the agreement are often dragged into legal problems. The parties having good faith are no exception. Good faith should exist from the pre-contract phase, where the parties start negotiating until reaching an agreement, and the contract implementation phase. Every person should have good faith. This study raised the following problem: What is the philosophical meaning of the good faith principle in legal provisions in Indonesia, especially in Contract Law in the land sector? This research applied normative legal research, namely by using primary and secondary legal materials. The approaches used are the statutory approach, concepts and philosophy, comparative law approach, and legal history. The findings of this study are that the good faith principle is honesty and propriety, which shows trust, transparency, autonomy, obedience, coercion, and also deceit. The core of the good faith principle is about permanent and unchangeable. While, the meaning of good faith is dynamic and constantly changing according to society’s complex and dynamic legal awareness.
- Copyright
- © 2021 The Authors. Published by Atlantis Press SARL.
- Open Access
- This is an open access article under the CC BY-NC license.
Cite this article
TY - CONF AU - I Gusti Ngurah Muliarta PY - 2021 DA - 2021/12/03 TI - The Meaning of Good Faith Philosophy in Sale and Purchase Agreement of Land Rights Drawn up Before a Notary/Land Deed Conveyancer BT - Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021) PB - Atlantis Press SP - 153 EP - 155 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.211203.033 DO - 10.2991/assehr.k.211203.033 ID - Muliarta2021 ER -