Journal article // Masalah-Masalah Hukum






Pilihan Hukum, Forum dan Domisili suatu Kontrak dalam Transaksi Bisnis
2012
Syafran Syafran

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Pilihan Hukum, Forum dan Domisili suatu Kontrak dalam Transaksi Bisnis Image
Abstract

In the contract, if the parties did not specify their own choice of law, forum selection and choice of domicile, the legal sector in this regard provides to regulate it, that stipulates that in such a case, where the law applicable where the competent court, or domicile which one is used. Not so much matter if the parties to the contract came from the same law, or derived from the same court, or only have 1 (one) domicile. However, it will become a legal issue to determine: The law which applies if the parties to apply different laws, such as each party came from different countries. Which court is competent to try him if there were disputes regarding the contract, if the parties resides or is domiciled of 2 (two) regions of different courts. In addition, the determination of which law applies and or selection of a forum, actually belong to the public law (law of procedure). However, the choice of law and choice of a forum, is 1 (one) of the few public law that may be infringed by the parties to the contract, based on the principle of party autonomy. In fact, the parties may exclude the courts entirely with the court appoint a blended / prepared itself in the form of private or judicial bodies that are popular with the terms of arbitration.Based on the principle of freedom of contract, then the parties to a contract can also choose which court will adjudicate disputes arising out of contract case in question.

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  • Eye Icon 56 views
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Metrics Icon 56 views  //  9506 downloads