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Good Faith Principles in International Business Contract Law

Author

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  • Muhammad Amin Sentosa

    (Master of Law Program, Faculty of Law, Diponegoro University, Semarang, Indonesia)

  • Siti Malikhatun Badriyah

    (Lecturer of Law, Faculty of Law, Diponegoro University, Semarang, Indonesia)

  • Yunarto

    (Lecturer of Law, Faculty of Law, Diponegoro University, Semarang, Indonesia)

Abstract

This study aims to analyze the principles of good faith in international business contract law. The results showed that the principle of good faith is an honest transaction which has 3 main elements, namely: First, good faith and honest transactions as the basic principles underlying the contract; Second, the principles of good faith and honest transactions in the UPICCS (UNIDROIT Principles of International Commercial Contracts) emphasize the practice of international trade; Third, the principles of good faith and honest transactions are compelling. The objective is to encourage the application of the principles of good faith and fair dealing in all international commercial transactions. The manifestation of efforts to promote legal harmonization can be seen when contracts or national laws do not find the necessary rules, or there is a legal vacuum (gaps), so the principles of UNIDROIT (The International Institute for the Unification of Private Law) can be used as a reference.

Suggested Citation

  • Muhammad Amin Sentosa & Siti Malikhatun Badriyah & Yunarto, 2023. "Good Faith Principles in International Business Contract Law," International Journal of Law and Politics Studies, Al-Kindi Center for Research and Development, vol. 5(2), pages 27-33, March.
    • Handle: RePEc:alk:ijlps0:v:5:y:2023:i:2:id:5221
    DOI: 10.32996/ijlps.2023.5.2.3
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