| dc.description.abstract | The principle of good faith as contained in section 1338 subsection (3) BW is one-one principle that underlies contract law. The principle of good faith has an important function and has become a legal obligation. As a legal obligation, then the principle of good faith is valid and should be applied in every phase of the contract, be it prakontraktual, contractual and pascakontraktual, but in practice it brings a number of problems, among other benchmarks keabstarakan (form) and the meaning of the principle of good faith is so diverse that legal uncertainty in society. Therefore, this study aims to find a human rather than the embodiment of good faith in every phase of the residential development in the implementation of the contract between CV X and Abraham, so as to form a single interpretation of the principle of good faith.
This study uses a type of normative juridical norm as the law or rules, the deductive syllogism. Materials used include primary legal materials and secondary legal materials. Based on the results of the discussion is concluded that the manifestation of the principle of good faith in prakontraktual phase is realized through the bona fides of the parties held since the beginning of the negotiations, then the principle of good faith contractual stage is realized through clause (article) contract that not only benefit one party and harm the other party, and pascakontra stage is realized with the implementation of the contract itself by fulfilling performance / obligations of the parties in accordance with the agreements specified in the contract. | en_US |
