A Post-Colonial Comparative Critical Legal Study of the Open Norm of Reasonableness and Fairness (or Good Faith) in Dutch and Indonesian Corporate Law

Both Dutch and Indonesian corporate law contain ‘open norms’. This means that there is room for interpretation of the content and purpose of these standards. The best-known Dutch open norm is that of ‘reasonableness and fairness’ — a standard also known in Indonesia as ‘reasonableness and fairness’ and as ‘good faith’. This contribution offers a perspective on the anthropo-legal background that is so important to the interpretation of open norms both in Dutch and in Indonesian corporate law. The comparison of good faith and reasonableness and fairness standards in the corporate laws of both co... Mehr ...