The Principle Of Free Contracted by: wa'idatul hasanah (11220009)

by: wa'idatul hasanah (11220009)

The Principle Of Free Contracted

In Islamic law there are principles of a treaty and the principle effect on status contract. When this principle is not met, it will result in canceled or invalidity of the contract is made. As one of these principles is the principle of free contracting. This principle is the basic principle of a contract or agreement. The parties which do it have the freedom to make a contract or agreement, both in terms of material / content of the agreement, determine the implementation and other requirements, an agreement with anyone, nor form of agreement (written or oral) and includes setting means settlement where the dispute.

 The principle of free contracted is governed by Article 1338 paragraph (1) Civil Code (KUHP), which reads: "all treaties made legally valid as the law for those who make it". Judging from the contents of the article, the principle of freedom of contract provides the freedom for the parties to:

1. Make or not make an agreement
2. Entered into an agreement with anyone
3. Determine the content of the agreement, implementation, and requirements

Based on the principle of free contract, each person has the freedom to have an agreement with the contents of which, however, is not contrary to applicable laws and regulations, public order and good morals.

References:
Djamil, Fathurrahman. 2012. Application of the Law of Treaties In Transactions In Islamic Financial Institutions. Jakarta: Sinar Grafika

H.S, Salim. 2003. Innominaat Contract Law Developments In Indonesia. Jakarta: Sinar Grafika

Read More

AGREEMENT IN TRANSPORTATION

by: wa'idatul hasanah (11220009)

AGREEMENT IN TRANSPORTATION

Transportation agreement is an agreement whereby the carrier is undertaking to organize the transportation of passengers and / or goods from one place to a particular destination safely and passengers or owner of the goods undertaking to pay the transportation costs. The nature of the transportation agreement is reciprocal, meaning that both sides, both the carrier and the shipper have a duty respectively. Liability carrier is organizing transportation of goods and / or people from one place to a particular destination safely, while the sender is an obligation to pay money as a counter-performance of the freight transportation organization that conducted by the carrier.

Transportation agreements are generally oral (not written), but always supported by the carrier document. Transportation document serves as evidence of the transportation agreement has occurred and shall be executed by the parties to the agreement. Goods transportation document commonly called a manifest, while passenger transportation document called a transportation ticket. Transportation agreements can also be made in writing called the charter agreement (charter party), such as charter aircraft to transportation pilgrims and charter boats to transportation merchandise.

References:
Adji, Sution Usman, et al. 1990. Transportation Law in Indonesia. Jakarta: Rinka Copyright

Poerwosutjipto, H.M. In 2000. Basic understanding of Commercial Law: Law of Transportation. Jakarta: Djambatan. 3rd Volume. ed. 2nd

Read More

AGREEMENT IN TRANSPORTATION

BY: WA'IDATUL HASANAH (11220009)

AGREEMENT IN TRANSPORTATION

Transportation agreement is an agreement whereby the carrier is undertaking to organize the transportation of passengers and / or goods from one place to a particular destination safely and passengers or owner of the goods undertaking to pay the transportation costs. The nature of the transportation agreement is reciprocal, meaning that both sides, both the carrier and the shipper have a duty respectively. Liability carrier is organizing transportation of goods and / or people from one place to a particular destination safely, while the sender is an obligation to pay money as a counter-performance of the freight transportation organization that conducted by the carrier.

Transportation agreements are generally oral (not written), but always supported by the carrier document. Transportation document serves as evidence of the transportation agreement has occurred and shall be executed by the parties to the agreement. Goods transportation document commonly called a manifest, while passenger transportation document called a transportation ticket. Transportation agreements can also be made in writing called the charter agreement (charter party), such as charter aircraft to transportation pilgrims and charter boats to transportation merchandise.

References:
Adji, Sution Usman, et al. 1990. Transportation Law in Indonesia. Jakarta: Rinka Copyright

Poerwosutjipto, H.M. In 2000. Basic understanding of Commercial Law: Law of Transportation. Jakarta: Djambatan. 3rd Volume. ed. 2nd

Read More