Litigasi - Contracts or agreements in the midst of business life activities occupy an important position. Functions as documents to pour and maintain commitments that have been built and agreed upon. The contents are the points, clauses about the rights and obligations that must be implemented by the parties in the agreement.
The arrangement of business contracts is often a tug or bargain in determining the rights and obligations of the parties in the negotiation phase. This is where the need for a balanced position among the parties to achieve justice in determining the clause of the agreement (principle proportional). The imbalances will cause inequality, benefit one party and harm the other. Legally can be canceled.
The position of the parties to the treaty is the same according to the law so that if the treaty harms the other party there is freedom of consent or no agreement. To avoid losses in contracting, it is necessary to understand the law, understanding the object of agreement and thoroughness.
The law recognizes the principle of facta sant survanda which means that everyone has the freedom to make the treaties and treaties that have been made and signed into force as the law for the parties to the treaty. As mentioned in Article 1338 of the Civil Code. However, it does not arbitrarily impose a clause in the agreement. The law also provides restrictions on the application of the factual principle of survival.
There are three fundamental things that restrict the application of the factual principle of survival in making agreements:
1. The banned clause shall not be allowed to deviate from the law;
2. Not breaking with decency;
3. Not violating public order;