Standard Contract Based on the Legal Positivist Paradigm of Study

DOI

10.2991/assehr.k.211014.055How to use a DOI?

Keywords

Standard Agreement, Paradigm, Legal Positivism

Abstract

The conditions of this standard agreement can be provided by employing clauses that have been created or standardized and written in the form of groups with a large number that can be used for all agreements of the same type. The parties can create the standard agreement, although the contents are sometimes dictated by one of the parties. A unilateral standard agreement can also be defined as one that is determined by a party with a strong position in the agreement. It is actually the same as the legal requirements for an agreement agreement in general, which are contained in the provisions of Article 1320 of the Civil Code, as a legal requirement in the standard agreement or standard agreement. Even if it is included in the standard agreement, it is in violation of the parties’ right to contract freely. However, as long as the parties do not object to the basic agreement being entered into, it can be regarded to be legitimate under Article 1320 of the Civil Code.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Bachrul Amiq
AU  - Wahyu Prawesthi
PY  - 2021
DA  - 2021/10/16
TI  - Standard Contract Based on the Legal Positivist Paradigm of Study
BT  - Proceedings of the International Conference on Environmental and Energy Policy (ICEEP 2021)
PB  - Atlantis Press
SP  - 255
EP  - 258
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211014.055
DO  - 10.2991/assehr.k.211014.055
ID  - Amiq2021
ER  -