The Function of Good Faith Principle in the Application of Feedom Principle in Franchise Contract

International Conference on Industrial Technology for Sustainable Development 2017

工业技术;经济学

Priyono, Ery Agus^1 ; Riyanto, R. Benny^1 ; Priyono, F. X. Joko^1

Faculty of Law, Diponegoro University, Semarang, Indonesia^1

关键词: Basic principles;    Filter-based;    Free Will;    Good faith;    IT contracts;    Legal contracts;   

Others  :  https://iopscience.iop.org/article/10.1088/1755-1315/175/1/012193/pdf
DOI  :  10.1088/1755-1315/175/1/012193

学科分类：工业工程学

来源: IOP

【 摘 要 】

Good faith is one of the main values that benchmark in determining whether a franchise contract is feasible or not to be implemented. Good faith is a filter based on moral values for the existence of a contract, after the contract is declared to have been valid under the terms of the legal contract as stipulated in Article 1320 Civil Code. A franchise contract in the form of a standard contract is a contract which tends to be one-sided and tends to violate the principle of freedom of contract. Freedom of contract is a basic principle for the establishment of a contract based on the free will of the parties reflected in an agreement. The contract which in its formation is less involving the other party is often declared as take it or leave it contract. This presentation aims to examine the function of the principle of good faith in judging a franchise as standard contract and legal consequences if the principle is violated. Descriptive and normative analysis of the data obtained by using this doctrinal approach becomes an option in the discussion. In conclusion, the consequence of a violation of the principle of good faith is that the agreement is legally null or voidable or can be cancelled.