1.
The principle of freedom of contract
In Article 1338 Point
(1) Book of Civil Law stated “all agreements made legally valid as a law for
those who make it”
This principle gives freedom to the parties to:
a. Make and do not make an agreement
b. Entered into an agreement with anyone
c. Determine the contents of the agreement,
implementation, and requirenments
d. Determine the form of a written agreement or not
2.
The principle of consensualism
The principle of
consensual can conclude in Article 1320 Point Book of Civil Law, one of
requirements legitimate of agreement is deal of the two sides. This principle
stated if agreements are generally not made formally, but only by deal of two
sides.
3.
The principle of trust
This principle stated
if each person will have an agreement that will satisfy every achievement that
is held between them later on.
4.
The principle of binding force
Article 1340 Book of
Civil Law stated “agreement applies only between the parties which make it”.
But there is exception as Article 1317 Book of Civil Law stated “agreement may
also be held for the benefit of third parties, if an agreement is made for its
own sake or as a gift to someone else so the requirement is same”
5.
The principle of equality before the law
6. The
principle of balance
This principle requires
both of parties meet and implement agreements. The creditor has the power to
prosecute achievements and if necessary demand repayment of achievement through
the richness of the debtor, but the debtor bear the obligation to implement the
agreement in good faith.
7.
The principle of legal certainty (Pacta sun
servanda)
This principle stated
if judges and the third party must respect the substance of a contract made by
a third party as befits legislation. They should not intervene on the substance
of a contract made by the parties.
8.
The principle of moral
A voluntary act of a
person can not sue for her rights to sue the achievement of the debtor.
9.
The principle of protection
This principle stated
if between debtor and creditor must be protected by law. But, the party who
need this protection is the party of debtor because this party in the weak
position. This principles had been the foundation of the parties in determining
and making contracts in daily activities.
10. The
principle of decency
In Article 1339 Book of
Civil Law this principle relates to the provisions regarding the contents of
the agreement required by propriety based on the nature of the agreement.
11. The
principle of good faith
In Article 1338 Point
(3) Book of Civil Law stated “an agreement must do by good faith”. The parties
that is creditor and debtor should carry out the substance of the contract is
based on a firm beliefe of conviction as well as a good willingness of the
parties.
