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VOL. 7, ISSUE 4 (2021)
The implementation of good faith principle of precontract in common law and civil law country
Authors
Rizky Febri Dewanti, Pujiyono, Yudho Taruno Muryanto
Abstract
In Indonesia, the development of the application of good faith principle in legal agreement focuses on the application of the Civil Code (KUHPerdata) where the scope is still placed on the implementation of the agreement. It is as if the Civil Code has not recognized the existence of the good faith principle at the pre-contract stage. In comparison, according to modern agreement theory that parties who suffer losses in the pre-agreement/contract stage or at the negotiation stage, their rights also deserve to be protected. Thus, pre-agreement/contract promises will have legal implications for those who violate them. This will be seen in countries that have common law and civil law systems. An important issue in this case relates to the principle of good faith at the pre-contract stage which creates a gap with the provisions in the legislation. To analyze these problems, legal research was conducted with the black-letter law paradigm. The technique of collecting legal materials in this research used library research. Legal materials are analyzed deductively and utilize the method of interpretation (hermeneutics). The results showed that the implementation of the principle of good faith at the pre-contract stage in Common Law and Civil Law countries has differences. In the civil law system, good faith is highly emphasized in the stage of contractual negotiation. Meanwhile, in the common law system, the nomenclature of good faith is not introduced. However, common law bridges this with the concept of piecemeal solutions to problems of unfairness. Parties who do not have good faith at the pre-contract stage have legal consequences for the cancellation of the agreement.
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Pages:225-228
How to cite this article:
Rizky Febri Dewanti, Pujiyono, Yudho Taruno Muryanto "The implementation of good faith principle of precontract in common law and civil law country ". International Journal of Law, Vol 7, Issue 4, 2021, Pages 225-228
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