Analysis of Breach of Contract Dispute Resolution Through Litigation and Non-Litigation Pathways

DOI

10.2991/978-2-38476-315-3_89How to use a DOI?

Keywords

Breach of Contract; Litigation; and Non-Litigation

Abstract

An agreement is a meeting of the parties’ desires and is then an expression of the parties’ desires. However, if there is a deviation from the principle of good faith in the contract, an action called default arises. Default means the failure to fulfill or negligence as written in an agreement and carried out by one of the parties in the agreement. Based on this, writing aims to analyze the settlement of default disputes through litigation and non-litigation. Based on the results of the study, default disputes can be resolved through non-litigation and litigation, depending on the contents or clauses of the agreement that discuss the settlement of the dispute. Non-litigation means resolving disputes outside the courts, which adheres to the principle of a win-win solution, including negotiation, mediation, arbitration, and conciliation. Negligence often occurs in money lending transactions, such as when a debtor is late paying so that a fine is imposed or even has difficulty paying. When the parties to the agreement cannot fulfill the obligations described in the agreement clause, this is called default. Settlement of default disputes can be carried out through the courts (litigation), where the absolute competence of the court is the district court.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - I Wayan Wahyu Wira Udytama
AU  - Ni Nyoman Manik Gita Asrita
AU  - Agus Adi Setyawan
AU  - Agung Diva Widya Noviyana
AU  - Komang Sugiantari
AU  - Abdul Kadir Jaelani
PY  - 2024
DA  - 2024/12/24
TI  - Analysis of Breach of Contract Dispute Resolution Through Litigation and Non-Litigation Pathways
BT  - Proceedings of the International Conference on Cultural Policy and Sustainable Development (ICPSD 2024)
PB  - Atlantis Press
SP  - 654
EP  - 659
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-315-3_89
DO  - 10.2991/978-2-38476-315-3_89
ID  - Udytama2024
ER  -