Common Contracts

STANDARD AGREEMENTS IN THE CONCEPT OF FREEDOM OF CONTRACT

April 19th, 2023

• Filed
  April 19th, 2023

Abstract – The agreement is made on a consensual basis. According to the provisions of Article 1338 paragraph (1) of KUPerdata, the Agreement adheres to the principle of freedom of contract. In business development, an agreement or contract is made in the form of a standard agreement. Problems in research, how the concept of freedom of contract in a standard agreement and whether the principle of consensual is met in the formation of a standard agreement that contains standard clauses. This study uses a type of normative research on the legal norms of freedom of contract in the standard agreement, descriptive-analytical research using document study data collection tools sourced from primary legal materials in the form of the Civil Code, secondary law materials, and tertiary law materials. The conclusion obtained is that the standard agreement, although the clause has been made by the party who has a position and can oppress the party in a weak position, in fact, the weak party has an