Law Principles of Contract Interpretation Based on Indonesian Civil Code

DOI

10.2991/icblt-18.2018.27How to use a DOI?

Keywords

principle law; contract interpretation; parties; civil code

Abstract

Occasionally, in an agreement which is a basic form of contract originated from any deal or approval between two parties that bind themselves against others, there is different interpretation from each party that designs the contract. This research is aimed at reviewing the law principles of contract interpretation based on Indonesian Civil Code. It was conducted by using scientific methods, either in data collection or in data analysis. The results show that the law principles of contract interpretation based on Indonesian Civil Code takes possession of three methods, namely: (1) a subjective interpretation method is where the contract interpretation is designed by following an optimally possibility from what is meant truly from the side; (2) the objective interpretation method stresses on what is written in any contract; (3) the interpretation method between the objective and subjective one is that an interpretation that deals with between the objective interpretation method and the subjective one. The contract interpretation for the lost party which provides the draft contract or clause contract has become a universal law while the interpretation for the loss of the party which proposes the clause of any contract is enacted assertively on article 1349 of Indonesian Civil Code.

Copyright

© 2018, 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  - Hervian Yulia Rumengan
PY  - 2018/11
DA  - 2018/11
TI  - Law Principles of Contract Interpretation Based on Indonesian Civil Code
BT  - Proceedings of the International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2018)
PB  - Atlantis Press
SP  - 110
EP  - 114
SN  - 2352-5398
UR  - https://doi.org/10.2991/icblt-18.2018.27
DO  - 10.2991/icblt-18.2018.27
ID  - Rumengan2018/11
ER  -