Detail Inovasi Perguruan Tinggi

Tema: Hukum
Judul: The Significance of Contractual Intention: A Comparative Analysis on English and Indonesian Law
Perguruan Tinggi: Universitas Presiden
Jenis/sdm: dosen/0414069301

Tahun: 2018

The legal terms of a contract vary from one country to another, and the will in a contract often influences

whether a contract has been perfectly established. Establishing a contract between parties from different

legal systems has the risk of defect and imperfection in the establishment of the contract, which can

influence the rights of one party when a contract related dispute occurs. The British law requires supply,

acceptance, and reciprocity as legal conditions for contracts, but the legal terms of a contract in

Indonesian law are stipulated in the Civil Code. Therefore, this study aims to develop a comparative

analysis relating to the role of contractual will in determining the validity of a contract in British and

Indonesian laws as well as their method in interpreting contracts. The study used the normative

qualitative method with a comparative approach to the two legal systems completed with a description

of the will in a contract based on CISG. Both legal jurisdictions are open for the possibility of assuming

will incompatibility in a contract as 'oversight', and in such cases, a contract can deem void.