Covid-19大流行对商业合同的影响

D. Anugrah, T. Tendiyanto, H. Budiman
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摘要

. 2019冠状病毒病(Covid-19)大流行对印度尼西亚的各个商业部门产生了重大影响,此外,Covid-19大流行还对各方签订的商业合同产生了影响。本研究的目的是发现和分析Covid-19大流行对现有商业合同的影响。笔者采用的研究方法是《司法规范》,采用文献研究法收集资料的手段。本研究结果表明,新冠肺炎大流行的发生也可以说是不可抗力,这对双方签订的商业合同产生了影响。本研究的结论是,新冠肺炎疫情对商业合同的影响是,商业合同中的债务人不需要因履行义务受阻而支付损失和成本、罚款和利息。可能出现的问题是,如果没有对COVID-19大流行的背景进行具体规定,特别是如果没有将其作为不可抗力纳入茧状合同,以便分担风险责任。如果将大流行列为不可抗力,则可以在个案的基础上提出不可抗力索赔,并考虑到该事项是本着诚意提出的,并基于适当的法律参考。此外,提交不可抗力的目的还必须是改变协议,而不是终止协议,并且仍然必须优先考虑协商解决,并遵守协议规定的争端解决程序
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Implications of Covid-19 Pandemic Toward Business Contracts
. The Corona Virus Disease 2019 (Covid-19) pandemic has had a major impact on various business sectors in Indonesia, besides that the Covid-19 pandemic has implications for business contracts made by parties. The purpose of this research are to find and analyze the implications of the Covid-19 pandemic on existing business contracts. The research method used by the author is Juridical Normative, with a means of collecting data through literature study. The results of this study indicate that the occurrence of the Covid-19 pandemic can also be said to be a force majeure, which has implications for business contracts made by parties. The conclusion in this study is that the implication of the Covid-19 pandemic on business contracts is that the debtor in a business contract is not required to pay losses and costs, fines and interest due to obstruction of fulfilling obligations. The problem that may arise is if the context of the COVID-19 pandemic has not been specifically regulated, especially if it is not included in the callusula contract as a force majeure so that risk responsibility can be shared. If a pandemic is included in the clause as a force majeure, then a force majeure claim can be submitted on a case-by-case basis, and based on the consideration that the matter is filed in good faith and based on proper legal references. In addition, submission of force majeure must also be made with the intention of changing the agreement, not ending it and still having to prioritize deliberative settlement and remain subject to the dispute settlement procedures stipulated in the agreement
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