‘Good Faith’ in Land Transaction: A Comparative Analysis of the USA and Netherlands Law

The lack of uniformity among judges in interpreting the criteria for buyers' good faith in land sale and purchase cases results in less favorable outcomes for buyers. This study aims to compare the regulations and implementations of the principle of good faith in land transactions in the United States, the Netherlands and Indonesia. Utilizing a statutory and conceptual approach, supplemented by comparative analysis, this research examines the relevant laws and concepts, including contractual rules and regulations governing sales and purchases. The findings indicate that the legal system significantly influences how countries regulate the principle of good faith—either concretely or abstractly. This influence is closely tied to the concepts of written legal sources, jurisprudence, and the practical application of the principle in statutory regulations. Generally, Indonesia, like other countries, faces challenges in implementing the principle of good faith, particularly for buyers, due to the lack of a definitive benchmark to assess whether agreements are executed in good faith and fairness. To address this issue, the regulation of good faith and its criteria should be clearly articulated in written laws. Ensuring that the principle of good faith is applied throughout the entire land buying and selling process—from pre-contractual stages to contract execution—is crucial for providing adequate protection for buyers acting in good faith.

Authors

Institutions

Publication Details

Journal
Journal of Sustainable Development and Regulatory Issues (JSDERI)
Published
2024-09-14
DOI
https://doi.org/10.53955/jsderi.v2i3.49
Citations
1
Primary Topic
Conflict of Laws and Jurisdiction
Type
article
Field-Weighted Citation Impact
2.23
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

‘Good Faith’ in Land Transaction: A Comparative Analysis of the USA and Netherlands Law

Lego Karjoko, Iswantoro, Makhabbat Ramazanova
1 citations
Journal of Sustainable Development and Regulatory Issues (JSDERI)
Conflict of Laws and Jurisdiction
2.23
article

‘Good Faith’ in Land Transaction: A Comparative Analysis of the USA and Netherlands Law

Lego Karjoko, Iswantoro, Makhabbat Ramazanova
article en
1 citations

Abstract

The lack of uniformity among judges in interpreting the criteria for buyers' good faith in land sale and purchase cases results in less favorable outcomes for buyers. This study aims to compare the regulations and implementations of the principle of good faith in land transactions in the United States, the Netherlands and Indonesia. Utilizing a statutory and conceptual approach, supplemented by comparative analysis, this research examines the relevant laws and concepts, including contractual rules and regulations governing sales and purchases. The findings indicate that the legal system significantly influences how countries regulate the principle of good faith—either concretely or abstractly. This influence is closely tied to the concepts of written legal sources, jurisprudence, and the practical application of the principle in statutory regulations. Generally, Indonesia, like other countries, faces challenges in implementing the principle of good faith, particularly for buyers, due to the lack of a definitive benchmark to assess whether agreements are executed in good faith and fairness. To address this issue, the regulation of good faith and its criteria should be clearly articulated in written laws. Ensuring that the principle of good faith is applied throughout the entire land buying and selling process—from pre-contractual stages to contract execution—is crucial for providing adequate protection for buyers acting in good faith.

Journal of Sustainable Development and Regulatory Issues (JSDERI)Vol. 2(3)
Sebelas Maret University (ID), Sunan Kalijaga State Islamic University Yogyakarta (ID), Universidade Portucalense (PT)
Openalex Percentile: Top 11%
Conflict of Laws and Jurisdiction
2.23
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

‘Good Faith’ in Land Transaction: A Comparative Analysis of the USA and Netherlands Law — Lego Karjoko, Iswantoro, et al. · Journal of Sustainable Development and Regulatory Issues (JSDERI) (2024) | TGRS Research Map | TGRS