Penerapan Asas Kebebasan Berkontrak Dalam Perjanjian Waralaba Antara Pemilik Merk Sel-Sel Cheese Tea Dengan Penerima Waralaba (Studi Kasus Di Tapung Kabupaten Kampar)

Tasti, Rofik (2022) Penerapan Asas Kebebasan Berkontrak Dalam Perjanjian Waralaba Antara Pemilik Merk Sel-Sel Cheese Tea Dengan Penerima Waralaba (Studi Kasus Di Tapung Kabupaten Kampar). Other thesis, Universitas Islam Riau.

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Abstract

The franchise agreement is bound by the validity of the agreement as contained in Article 1320 of the Civil Code (KUHPerdata). From that, the principle of freedom of contract as regulated in Article 1338 of the Civil Code where an agreement allows for anything other than not violating the provisions of the law, morality and public order. law for those who make it and of course binding on the parties (pacta sunservanda). However, the agreement between the parties in the franchise agreement generally has a standard form in the sense that the things regulated are the standards of the franchisor. The main problem in the thesis researcher is What is the Form of the Cheese Tea Cells Franchise Agreement in Tapung and How is the Principle of Freedom of Contract in the Cheese Tea Cells Franchise Agreement in Tapung. The types of legal research methods that researchers use in thesis research are empirical legal research, empirical research is a study that views law as a reality, including social reality, cultural reality, etc., empirical study of the world is das sin (what is the reality), with the nature of research that is descriptive analytical, namely describing data obtained from observations, interviews, documents, and field notes Regarding the results of the research that the authors found: First, the agreement that occurred between the owner of the central cheese tea cells and the cheese tea cells at the tapung outlet was only sent online via whatsapp. in carrying out their contract they use an electronic agreement where the franchisor sends several rules and contents of the agreement in the form of a soft file and then signed by Ani Susanti as the franchisee to approve the contents of the agreement. Second, from the agreement document signed by the parties to the franchise agreement for the cheese tea cells in Tapung, where this agreement is a standard agreement that has been prepared by a stronger party, namely the franchisor, from the articles in the agreement given by the franchisor. In the franchise, it can be seen that the freedom to reach an agreement does not occur in a balanced manner, because the contents of the article that regulates rights and obligations seem to think more about the interests of the franchisor than the franchisee.

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