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Full-Text Articles in Law

A New Role Of Causation Theory Towards Achieving Economic Contractual Equilibrium: Monitoring The Economic Equilibrium Of The Contract, Osama Ismail Amayreh, Izura Masdina Mohamed Zakri, Pardis Moslemzadeh Tehrani, Yousef Mohammad Shandi Aug 2019

A New Role Of Causation Theory Towards Achieving Economic Contractual Equilibrium: Monitoring The Economic Equilibrium Of The Contract, Osama Ismail Amayreh, Izura Masdina Mohamed Zakri, Pardis Moslemzadeh Tehrani, Yousef Mohammad Shandi

Indonesia Law Review

The phrase “who says contractual, says justice” “qui dit contractuel dit juste” does not fully express the truth of our present reality, where the phrase itself falls into doubt, since the contract does not always result in fair obligations, as the contract is an expression of often unequal wills. In this regard, the French judiciary realized that the absence of justice in the contract might arise as a result of the contractual freedom afforded to the contracting parties and, thus, they developed the idea of Commutative Justice in the contract, such as the Piller’s decision, which is considered one of …


Contract Law In A Comparative Perspective, Suharnoko Suharnoko Aug 2012

Contract Law In A Comparative Perspective, Suharnoko Suharnoko

Indonesia Law Review

Media reports on cases of the theft of pre-paid pulses taking place nowadays have created a misunderstanding in terms of the appropriate application of criminal law. In the context of existing legal provisions concerning consumer protection as set forth both under the Consumer Protection Law as well as in part under the Telecommunications Law, law enforcement agencies are leaning towards applying general criminal provisions (theft) which, after a careful observation of the Indonesian Criminal Code, in fact do not extend to corporate criminal acts. This paper purports to explain that the currently occurring cases of the theft of pre-paid pulses …