Principles of Civil Law
Meanwhile, Russia is one of the countries that is quite advanced in the development of law, especially civil law, because in this country has established the Civil Code Law of the Russian Federation, which is called The Civil Code of the Russian Federation. The Russian Federation Civil Code is stipulated in two stages, namely: [8]
The first phase was set in 2003
The second phase was set for December 18, 2006.
The Russian Civil Code consists of 1551 articles or articles and four sections and each is divided into divisions. The French Civil Code consists of four books and consists of parts and articles, the number of articles listed in the French Civil Code, which is 2302 articles. The German Civil Code or also called the German Civil Code or Bürgerlichen Gesetzbuches (BGB) consists of four books and 2385 articles, and was set on 18 August 1896.
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Principles of Civil Law
Some of the principles contained in the Civil Code which are very important in Civil Law are:
Principle of Freedom of Contract
This principle implies that anyone can enter into any agreement, whether it has been regulated in the law, or that has not been regulated in the law (see Article 1338 of the Indonesian Criminal Code).
Principle of Consensualism
The principle of consensualism can be concluded in Article 1320 paragraph (1) of the Indonesian Criminal Code. In this article it is determined that one of the conditions for the validity of the agreement is the existence of said agreement between the two parties. This principle is a principle which states that agreements are generally not formally held, but sufficient with the agreement of both parties. An agreement is a match between the will and the statement made by both parties.
Principle of Trust
The principle of trust implies that everyone who will enter into an agreement will fulfill every achievement held between them in the back of the day.
Principle of Binding Strength
The principle of binding force is the principle which states that the agreement is only binding for the parties who bind themselves to the agreement and is only binding.
The principle of legal equality,
The principle of equality of law implies that the legal subjects entering into an agreement have the same status, rights and obligations in law. They should not be distinguished from one another, even though the legal subjects differ in color, religion, and race.
Principle of Balance,
The principle of balance is a principle that requires both parties to fulfill and implement the agreement. The creditor has the power to demand achievements and if needed can demand payment of achievement through the debtor's wealth, but the debtor also bears the obligation to carry out the agreement in good faith
Principle of Legal Certainty,
The principle of legal certainty or also called the pacta sunt servanda principle is a principle that relates to the consequences of the agreement. The principle of pacta sunt servanda is the principle that judges or third parties must respect the substance of the contract made by the parties, as befits a law. They may not intervene in the substance of the contract made by the parties.