从法律的经济分析理论审视Antam黄金买卖纠纷的解决

Sri Wahyuni
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引用次数: 0

摘要

卖方(国有企业 PT Aneka Tambang Tbk)和买方(泗水人)之间达成了买卖 Antam 黄金的协议。该协议对协议双方都具有法律效力,必须认真执行。根据协议,买方有权获得 Antam 黄金,并有义务根据双方协议支付一定金额。另一方面,卖方有权获得一定数额的资金,并有义务根据双方商定的买卖协议提供 Antam 黄金。在本案中,买方已按照约定的面值支付了款项,但并未收到全部安塔姆黄金。买方试图向卖方索要其权利,但卖方并未给予。另一方面,卖方是一家国有企业,本质上不得造成国家损失。关于案件的解决,是通过法院进行的。这就产生了一个问题,即如何从法律的经济分析理论来解决 Antam 黄金买卖纠纷。本研究的研究方法采用案例法的规范法律研究方法。本研究采用法律经济分析理论。本研究的成果是在考虑法律的经济分析理论的基础上,找出通过法院解决 Antam 黄金买卖纠纷的方法。
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Resolution of Antam Gold Selling and Buying Disputes Reviewed From Economic Analysis of Law Theory
There was an agreement to buy and sell Antam gold between the seller, namely PT Aneka Tambang Tbk, which is a State-Owned Enterprise, and the buyer, namely someone from Surabaya. This agreement has legal consequences for the parties who make it and must be implemented in good faith. As agreed, the buyer has the right to receive Antam gold and is obliged to pay a certain amount of money according to the agreement between the parties. On the other hand, the seller has the right to receive a certain amount of money and is obliged to provide Antam gold by the sale and purchase agreement agreed upon by the parties. In this case, the buyer has paid the amount of money according to the agreed nominal value, but not all of the Antam gold received has been received. The buyer has tried to ask the seller for their rights but they have not been given them. On the other hand, the seller is a State-Owned Enterprise which in essence must not cause state losses. Regarding the resolution of the case, it was carried out through the courts. The question arises of how to resolve the Antam gold buying and selling dispute in terms of economic analysis of law theory. The research method in this research uses a normative legal research method with a case approach. This research uses the theory of Economic Analysis of Law. The results of this research are to find out the resolution of Antam's gold buying and selling dispute through the court, considering the theory of economic analysis of law.
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