The Significance of Contractual Intention: A Comparative Analysis on English and Indonesian Law
| Main Author: | Prisandani, Ulya Yasmine |
|---|---|
| Other Authors: | FH UII |
| Format: | Article info application/pdf eJournal |
| Bahasa: | eng |
| Terbitan: |
Fakultas Hukum Universitas Islam Indonesia
, 2019
|
| Subjects: | |
| Online Access: |
https://journal.uii.ac.id/IUSTUM/article/view/11221 https://journal.uii.ac.id/IUSTUM/article/view/11221/8855 |
Daftar Isi:
- The legal terms of a contract vary from one country to another, and the will in a contract often influences whether a contract has been perfectly established. Establishing a contract between parties from different legal systems has the risk of defect and imperfection in the establishment of the contract, which can influence the rights of one party when a contract related dispute occurs. The British law requires supply, acceptance, and reciprocity as legal conditions for contracts, but the legal terms of a contract in Indonesian law are stipulated in the Civil Code. Therefore, this study aims to develop a comparative analysis relating to the role of contractual will in determining the validity of a contract in British and Indonesian laws as well as their method in interpreting contracts. The study used the normative qualitative method with a comparative approach to the two legal systems completed with a description of the will in a contract based on CISG. Both legal jurisdictions are open for the possibility of assuming will incompatibility in a contract as 'oversight', and in such cases, a contract can deem void.