LEGAL CONTRACT TERMS AND DEFINITIONS

Contract law is a translation from English, ie contract of law, while
in the Dutch language termed overeenscomstrecht. Lawrence M. Friedman
interpret contract law is:
Legal instruments that regulate only certain aspects of the market and set the type of
particular agreement. "(Lawrence M. Friedman, 2001:196)
Lawrence M. Friedman did not explain further certain aspects of the market and the type
certain agreements. When examined aspects of the market, of course, we will examine the various
business activity that live and thrive in a market. In the various
market, it will cause a variety of contracts undertaken by the
business actors. There are entrepreneurs who entered into a sale and purchase, lease, buy
rental, leasing, and others.
Michael D Bayles interpret the contract of law or contract law is then Might be
taken to be the law pertaining to enporcement of promise or agreement. (Michael D.
Bayles, 1987:143)
That is, the law of contract as legal rules relating to the implementation
treaty or agreement. This opinion examines the dimensions of contract law implementation
agreement made by the parties, but Michael D. Bayles did not look at tahaptahap
prakontraktual and contractual. This stage is a decisive stage in
preparation of a contract. Contracts which have been prepared by the parties will be held
also by their own.
Charles L. Knapp and Nathan M. Crystal interpret the law of contract is: Our society's
legal mechanism for protecting the expectations That Arise from the making of agreements
for the future exchange of Various types of performances, Such as the compeyance of
property (tangible and untangible),

the performance of services, and the payment of
money (Charles L. Knapp and Nathan M. Crystal, 1993:4)
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That is the law of contract is a legal mechanism in society to protect
expectations that arise in the manufacture of approval for future changes
varied performance, such as transportation property (real or not
real), the performance of services, and payment by cash.
This opinion examines aspects of the mechanism of contract law or legal procedures. Goal
This mechanism is to protect the wishes / expectations that arise in the making
consensus among the parties, as in peijanjian transportation, property, performance
services, and payment by cash.
Another definition is of the opinion that the law of contract
"The series of legal rules governing the various agreements and the bond between
legal citizens. "(Encyclopedia of Indonesia, tt: 1348)
Definition of contract law contained in the review of the Encyclopedia Indonesia
aspects of the scope of regulation, namely the approval and binding legal residents. Apparently,
This definition equates understanding between the contract (agreement) with the approval, but
between the two is different. Contracts (agreements) are one source of the engagement,
while the approval of one of the legal conditions of contract, as stipulated in Article
1320 Civil Code.
Given the weaknesses of the definitions above, that definition needs to be completed and
enhanced. So, according to the author, that the law of contract is
"The whole of the legal rules governing the legal relationship between two
or more parties based on an agreement to create legal consequences.
This definition is based on the opinion of Van Dunne, who not only review the contract in
purely contractual stage, but also must be considered prior deeds.
Previous acts include pracofitractual and post contractual stages. Pre-contractual
an offer and acceptance stage, while the Post is the implementation of contractual
agreement. Legal relationship is a relationship which creates legal effect. Result
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law, namely the emergence of rights and obligations. The right is a pleasure, while
obligation is a burden. From the various definitions of the above, can be put forward elements
stated in contract law, as argued below.
1. The existence of the rule of law
The rule in contract law can be divided into two kinds, namely written and not
written. The rule of law a written contract is the legal rules contained in
legislation, treaties, and jurisprudence. While the rules of contract law
unwritten law is kaidahkaidah that arise, grow, and live in the community.
For example, buying and selling off, annual sales, and others. These legal concepts derived from
customary law.
2. Legal subject
Another term of the legal subject is rechtsperson. Rechtsperson interpreted as supporting
rights and obligations. Which is the subject of law in contract law is a creditor and
debtor. Creditors are the people who berpiutang, while the debtor is a person who owes.
3. The existence of achievement
Achievement is what are the rights of creditors and the debtor's obligations. Achievements include:
a. give something,
b. do something, and
c. does nothing.
4. To terms
In the Civil Code Article 1320 defined four legal conditions of the agreement. One of them
agreement (consensus). The deal is a correspondence between the statement will
parties.
5. The legal consequences
Any agreement made by the parties would lead to legal consequences. The legal consequences
is the emergence of the rights and obligations. The right is a pleasure and duty is
a burden.
B. PLACE SETTINGS OF CONTRACT LAW
Contract law set forth in Civil Code Book III, which consists of 18 chapters and 631 articles.
Beginning of the Civil Code Article 1233 to Article 1864 Civil Code. Masing4
each chapter is divided into several parts. NBW In the Netherlands, where regulation
law of contracts in Book IV of the van Verbintenissen, starting from Section 1269
NBW NBW to Article 1901.
The things that set in the Civil Code Book III are as follows.
1. Commitments in general (Article 1233 to Article 1312 Civil Code)
Matters provided for in Article 1233 to Article 1312 Civil Code, including:
source of the engagement; achievement; replacement costs, losses, and interest due to the non-fulfillment
an engagement, and the types of engagement.
2. Commitments which dl born from the agreement (Article 1313 to Article 1351 KUH
Civil)
Things are arranged in chapters in i include: general provisions, the terms of legality
agreement; due to the agreement, and the interpretation of treaties.
3. Abolishment of the engagement (Article 1381 to Article 1456 Civil Code) Elimination of illegal
engagement can be divided into 10 kinds, namely because the payment; offering payment
followed by a cash deposit or custody; renewal debt; encounter
debt or compensation; mixing of debt; debt relief; destruction of goods
payable; nullification or cancellation; enactment of the terms null; expired.
4. Sale and purchase (Article 1457 to Article 1540 Civil Code) Matters regulated
in Article 1457 to Article 1540 Civil Code, including: provision
general; obligation of the seller, the buyer's obligations; the right to buy back; sale and purchase
receivables, and other rights disembodied.
5. Exchange (Article 1541 to Article 1546 Civil Code)
6. Lease (Article 1548 to Article 1600KUH Civil) Matters
stipulated in the lease include: general provisions; the rules
The same applies to rental houses and rental of land, special rules
which applies to rental houses and furniture.
7. Approval to conduct the work (Article 1601 to Article 1617
Civil Code) Matters subject to the provisions of Article 1601 to Article
1617 Civil Code, including: general provisions; labor agreements on
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Generally, employers liability, workers' obligations; the various ways the end of
labor relations issued by the agreement; and chartering a job;
8. Fellowship (Article 1618 to Article 1652 Civil Code) Matters
regulated in this provision include: general provisions; engagement between the allies;
engagement of the allies against third parties; and how to end macammacam
fellowship.
9. Legal entity (Article 1653 to Article 1665 Civil Code)
10. Grants (Section 1666 to Article 1693 Civil Code) Matters regulated
within the provisions of this grant, including: general provisions; skills for
provide grants and enjoy the benefits of a grant; how granting
things, the recall and removal grants.
11. Custody of goods (Article 1694 to Article 1739 Civil Code) Matters
regulated in the care of goods, ie goods in general and child care
kinds of care; care genuine goods; sekestarasi and stuff.
12. Lend use (Article 1740 to Article 1753 Civil Code) The regulated
in this provision include: general provisions; obligations of people receiving
loans; and obligations of people to lend.
13. Lending and borrowing (Article 1754 to Article 1769 Civil Code) It-hat
arranged in the borrowing and lending include: understanding pinjammeminjam;
obligations of those who lend, the borrower's obligations; and
borrow with interest.
14. Fixed rate or perennial (Article 1770 to Article 1773 Civil Code)
15. Chance Agreement (Article 1774 to Article 1791 Civil Code)
The things that set forth in this chancy agreement include: understanding;
approval forked flower of life and consequently, gambling and betting.
16. Authorization (Article 1792 to Article 1819 Civil Code) Matters
regulated in pemlierian power include: the nature of the power, duty
of attorney, indorser liability, and the various ways the end of
authorization.
17. Insurers debt (Article 1820 to Article 1850 Civil Code) It-hat
set forth in this debt underwriting provisions include: the nature of underwriting,
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effects between the berpiutang underwriting and the underwriter, the consequences
responsibility between the berpiutang and the insurer, and between the insurer
itself, and the abolishment of debt underwriting.
18. Peace (Article 1851 to Article 1864 Civil Code) Agreement
This peace is an agreement made by parties to the dispute lung.
In the agreement both parties agreed to end a conflict
that arise between them. Said a new peace treaty valid if
made in writing.
Agreement for the purchase, exchange, lease, partnership, association, grants,
care goods, lend use, fixed interest and eternal, of chance, gift
power, guarantor of debt, and peace is an agreement that is specific,
that in the various legal literature called nominaat agreement.
Peijanjian nominaat Agreement is known in the Civil Code. Outside
Civil Code is also known for other treaties, such as production sharing contract,
joint venture contract, contract work, leasing, rental bell, franchises, contracts the uterus, and
others. Agreements of this type is called innominaat agreement, ie agreement
arise, grow, live, and thrive in the practice of public life.
Innominaat Agreement is not yet known when the Civil Code was enacted.

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