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L egal E ngagement /Commitment

L egal E ngagement /Commitment. Dewi Nurul Musjtari, S.H., M.Hum. Faculty of Law Univesity Muhammadiyah of Yogyakarta. N ature of the Agreement. Agreement in the Civil Code is konsensuil obligatoir.

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L egal E ngagement /Commitment

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  1. Legal Engagement/Commitment Dewi Nurul Musjtari, S.H., M.Hum. Faculty of Law Univesity Muhammadiyah of Yogyakarta

  2. Nature of the Agreement • Agreement in the Civil Code is konsensuil obligatoir. • Konsensuil means that the agreement was formed or when the birth occurred or reached an agreement among the parties. • Since most of these agreements in the Civil Code is konsensuil the Civil Code adheres to the principle of konsensualisme.

  3. Nature of the Agreement • Obligatoir means: • In the narrow sense of the treaty only with rights and obligations between the parties just do not move objects with the agreement. • In a broad sense:a. Rights and obligations between the parties just do not move with the object of the agreement, sample agreement of sale;b. Freeing a person from an existing obligation (according to experts call liberatoir agreements), debt relief example, that only a person who is obliged to release the debt;

  4. Exception of The Agreement: • Formal Agreement: the agreement for the establishment or the birth signaled the existence of certain forms or certain formalities, for example:a. Agreement established the PT must be shapedin deed (Notariil Acte);b. Work Agreement in the form writing;c. Peace Agreement in the form   writing;d. Grants with deed form;

  5. Exception of The Agreement: • Real agreements: the agreement that was born or formed by delivery of objects that the object of the agreement. • In this agreement as long as the object is the object that has not submitted the treaty does not yet exist, examples of goods care agreements and loan agreements for goods and wear;

  6. Types of Agreement: • Reciprocal agreements and unilateral agreements. • Agreement freely and the load. • Namely Agreement, Unnamely agreement and mixed agreement.

  7. Reciprocal and Unilateral Agreement: • Reciprocal agreements are agreements creating rights and obligations between the parties with the other party in leaded and forth. • Unilateral agreement is an agreement where there is always an obligation for one party to another party just is no obligation;

  8. Agreement freely and the load: • Free of Charge Agreement is an agreement which by law only in favor of one party. • The load agreement is an agreement whereby the load on the accomplishment of a performance counter is always there from the other and between accomplishmentand cons is always something to do performance.

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