· Journal of Historical Research, Law and Policy· pp. 1-16· 0 citations
Abstract
The phenomenon of standardized contracts in immovable property transactions represents one of the prominent manifestations of transformation within the private law system and the transition from the absolute dominance of individual autonomy toward institutional governmental regulation in transactional relations. These contracts are designed with the objective of harmonizing contractual provisions, reducing ambiguity, and enhancing predictability in transactional relationships. Within the framework of the Law on Mandatory Official Registration of Immovable Property Transactions (enacted in 2024), they function as an effective instrument for ensuring transparency and legal security. At the same time, although contractual standardization contributes to acceleration and efficiency within the registration system, it raises fundamental challenges from the perspective of contractual justice and the protection of the weaker party’s autonomy of will. Employing a descriptive–analytical approach grounded in comparative examination, the present study explains the nature, functions, and limits of the juristic and legal legitimacy of standardized contracts in immovable property transactions and demonstrates that the legitimacy of such contractual frameworks depends upon compliance with principles of transparency, procedural justice, and the public interest.
Contracts are fundamental legal instruments in civil relations because they establish rights, obligations, risk allocation, and legal consequences for the parties. This study aims to analyze the application of civil law principles in contract drafting in Indonesia, particularly the translation of legal principles into...
Yurisa Martanti, Rita Alfiana· Research Horizon· 0 citations
This research compares legal practices and doctrinal approaches to liability for breaches of digital agreements, identifying three models: the American model (“privatised liability”), the French model (“public protection”) and the Kazakhstani model. Through a comprehensive methodology – formal-legal analysis of nationa...
Zhandos Zhetibayev· IDP. Revista de Internet, De...· 0 citations
This article examines the concept and significance of mandatory legal rules in international contractual relationships. It analyses how overriding mandatory provisions limit party autonomy and the application of foreign law, functioning as a mechanism for protecting fundamental national and supranational interests whil...
Vaidas Jurkevičius, Greta Vaidilaitė· International Scientific Con...· 0 citations
The article examines the implementation of the principle of freedom of contract in relation to commercial concession
agreements within the framework of sanctions and countersanctions regulation. The purpose of the study is to identify the key
limitations on the parties autonomy of will arising in the structuring of the...
The bank guarantee, as a mechanism for protecting the contractual interests of the beneficiary, must ensure the protection of the interests of the subjects of law within reasonable limits. It should reduce the risks existing in civil turnover. The mentioned institution is indirectly related to the fulfilment of the obl...
Ana Gurieli· International journal of soc...· 0 citations
The absence of a limitation period for filing joint property claims within the Indonesian legal system generates significant juridical and practical problems, particularly concerning legal certainty, evidentiary effectiveness, and the fragmentation of rationality within the jurisdiction of religious courts. In contrast...
Z. Husain· Indonesian Journal of Pancas...· 0 citations
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