建筑诉讼合同当事人平等原则在公证处实施的法律研究

Adli Dzil Nasution, S. Suprayitno, Adi Mansar
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引用次数: 0

摘要

合同法视角下的平等原则的司法概念是建立在符合正义价值观的大陆法系基础之上的。基于民法制度的合同是符合正义价值观的,实际上在印度尼西亚,合同自由原则的适用并不是绝对的,在民法典和其他法律法规中有一定的限制。《民法典》规定的对合同自由的限制包括协议中不存在缺陷,即不存在胁迫、错误和欺诈。在公证员面前订立的建筑工程合同契据中各方平等原则的形式,关于公证员在订立合同中的权力,见2014年第2号法律第15条,该法律对2004年第30号法律关于公证员地位的修正;只要不是根据法定规定或当事人的意愿专门针对其他公职人员,确保当事人的权利义务得到保障,具有法律确定性,就可以授权做出真实契约和暗中契约的公职人员。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Juridical Study of The Implementation of The Principles of Equality of The Parents Parties In Contruction Action Contract Which Is Made In A Notary Face
Received: 2021-04-01 Revised: 2021-09-21 Accepted: 2021-10-22 The principle of equality, contact, notar The juridical concept of the principle of equality in the perspective of contract law is based on a civil law system that conforms to the values of justice. Contracts based on a civil law system that are in accordance with the values of justice, actually in Indonesia the application of the principle of freedom of contract is not absolute, there are certain limitations regulated in the Civil Code and other laws and regulations. The restrictions on freedom of contract that are regulated in the Civil Code include that there are no defects in the agreement, namely coercion, error, and fraud. The form of the principle of equality of the parties in the construction work contract deed made before a Notary, regarding the authority of the notary in making contracts, in Article 15 of Law Number 2 of 2014 concerning amendments to Law Number 30 of 2004 concerning the Position of a Notary, is a public official those who are authorized to make both authentic deeds and under-hand deeds as long as they are not specific to other public officials in accordance with statutory regulations or the wishes of the parties concerned to ensure that the rights and obligations of the parties are guaranteed and have legal certainty.
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