IMPLEMENTATION OF THE PRINCIPLE OF BALANCE FOR THE PARTIES IN THE STANDARD AGREEMENT

Law

Standard agreements have long been used in various contracts, the use of standard agreements is closely related to progress in economic field that demands efficiency in spending cost, time and effort. Standard agreement does not reflect the principle of balance of the parties in the agreement. Imbalance of position in the standard agreement caused because the parties have a good bargaining position not the same, causing "unreal bargaining". Aim This research is to understand the implementation of the principle of balance in the agreement that uses the agreement raw. The method used in this research is normative, which refers to legal norms that contained in the legislation, with using data in the form of qualitative data and using analytical descriptive approach. The results of the study show that an imbalance occurs when the parties are in different economic powers. the balance of a The agreement is not solely determined by position parties, but also determined by the aspect of good faith. There are three aspects so that the balance in the agreement can be achieved, namely the actions of the parties, the contents of the agreement, and implementation of the agreement. So that in the end it will be the engagement that applies to the parties.

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