TINJAUAN TERHADAP JANJI-JANJI PRAKONTRAK MENURUT HUKUM KONTRAK
| Main Authors: | , ZURAIDA, , Sularto, S.H.,C.N.,M.H |
|---|---|
| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2012
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/98498/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=55147 |
Daftar Isi:
- This study uses normative legal research, the research literature by using secondary data consisting of primary, secondary and tertiary legal materials relating to the problem of promises pre-contract. This study aims to determine and assess the force of law the promises made in pre-contract, and to know and learn about the responsibility for losses incurred due to not fulfilling the promises made in pre-contract. Based on the results of research and discussion can be stated that according to the theories of classical contract law pre-contract promises has no legal force or binding on the parties due to non-fulfillment of contract terms of a formal contract. Meanwhile, according to the theory of modern contract law, pre contract promises have legal force, because it has given birth to a contract. In this case, classical theory of law is more proper to apply, because the promises pre contract not yet given birth to an agreement between the parties. Then the party who reneged on the promises pre contract can not be sued to pay compensation on the basis of breach of contract, because there is no contractual relationship. However, parties who reneged on the promises pre contract can be sued to pay compensation on the basis of an unlawfull act because it was considered contrary to propriety prevailing in society