作为协议有效性一部分的习惯价值观建构

Rechtsidee Pub Date : 2022-06-16 DOI:10.21070/jihr.v10i0.781
Christina Bagenda, Cicilia Helena Carbonilla
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引用次数: 0

摘要

协议是民法的重要内容之一。这是因为协议是日常生活中经常发生的法律行为之一。《民法典》第1320条实际上确认了协议生效的条件,如:主管、约定、某些事项,是法律所允许的。然而,在实践中,法律允许的事情不仅被解释为成文法或成文法允许。然而,它也包括社会中不成文的法律价值,在这种情况下包括习俗价值。本研究旨在验证协议的法律条款,包括将习惯价值作为协议的有效条件。本研究是一项具有概念性和立法性的规范性法律研究。本研究的新颖之处在于努力延长协议的法律条款,特别是清真事业或法律允许的事情,包括不成文法允许的事情,在这种情况下,适用于社会的习惯价值观。本研究的结果证实,通过未来主义和广泛的解释,清真原因或法律允许的事情作为协议有效性的条件的含义必须扩大,以便它包括包括习惯价值的不成文法。在社会中仍然存在和有效的习惯价值被归类为活法,从而成为不成文法。由于习惯法在社会中仍然有效,习惯法作为不成文法必须被视为达成协议的权利。这证实,只要当地的习俗价值观仍然有效,并且生活在社区中,就可以通过扩大清真原因或《民法典》第1320条法律允许的事情,作为协议有效性的条件参数。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Construction of Customary Values as Part of The Agreements’s Validity
Agreement is one of the important aspects in civil law. This is because the agreement is one of the legal actions that are often and commonly carried out in everyday life. Article 1320 of the Civil Code actually confirms the conditions for the validity of the agreement, such as: competent, agree, certain things, are allowed by law. However, in practice, something that is permitted by law is not only interpreted as permitted by positive or written law. However, it also includes unwritten legal values in society, which in this case includes Customary Values. This study aims to verify the legal terms of the agreement, including the inclusion of customary values as a valid condition of the agreement. This research is a normative legal research with a conceptual approach and legislation. The novelty in this research is the effort to extend the legal terms of the agreement, especially the halal cause or things that are permitted by law, including those permitted by unwritten law, in this case the customary values that apply in society. The results of this study confirm that with a futuristic and extensive interpretation, the meaning of halal causes or things permitted by law as a condition for the validity of the agreement must be expanded so that it includes unwritten law including customary values. Customary values that are still alive and valid in society are categorized as living law so that they become unwritten law. Because it is still valid in the community, customary values as unwritten law must be considered rights in making an agreement. This confirms that local customary values as long as they are still valid and live in the community can be a parameter as a condition for the validity of the agreement through the expansion of halal causes or something permitted by law in Article 1320 of the Civil Code.
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