文章基本信息

标题：Method Determining the Contents of the Contract
本地全文：下载
作者：Agus Yudha Hernoko ; Agus Yudha Hernoko ; Ghansham Anand 等
期刊名称：Hasanuddin Law Review
印刷版ISSN：2442-9880
电子版ISSN：2442-9899
出版年度：2017
卷号：3
期号：1
页码：91-103
DOI：10.20956/halrev.v3i1.947
语种：English
出版社：Faculty of Law, Hasanuddin University
摘要：The contents of the contract are primarily determined by what the real mutually agreed upon by the parties. By interpreting some certain statements, in this case to determine its meaning, to be clear based on what the parties committed themselves. Why is the interpretation required? In facts, on the many cases provided a valuable lesson, how many commercial disputes arise when the performance of the contract. The dispute begins when the parties have a different understanding of the statement that they use in the contract. Indeed, businesses are very familiar with the business processes that they do, but at the time of the business process are set forth in the contract language and designed by those who do not understand the legal aspects of the contract, the contract can be ascertained open possibility for disputes. The power of contract binding (the contents of the agreement) toward to the characteristic and the wide spectrum of the rights and obligations contractually, basically a contract represents the power of performance among others in order implementing the rights and obligations of the parties. As an instrument to understand the contract, the method of determining the content of the contract (e.g., through interpretation, autonomous and heteronomous factors), further can be used to assess the reciprocation of rights and obligations in a meaningful and proportional contractual relationship.