1 / 17

Engagements Matter of Law

Engagements Matter of Law. By. Shidqi Noer Salsa 20110610194. T he Ca use of T he E ngagements V oidance. V oidance of engagements are arising from the treaty and the legislation . * Chapter IV book III Article 1381 Indonesian Civil Court.

ide
Download Presentation

Engagements Matter of Law

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Engagements Matter of Law By. Shidqi Noer Salsa 20110610194

  2. The Cause of The EngagementsVoidance • Voidanceof engagements are arising from the treaty and the legislation. * Chapter IV book III • Article 1381 Indonesian Civil Court. * 10 nullification of a engagement

  3. Payment (1382) Kec. Suborgasi. • The offer of the cash payments followed by aberration / care / consignment (1404). • Updates debt (novasi) (1413). • Encounter debt compensation (1426) • The mix of debt (konfusio) • Release of debt. • The loss of items payable. • Cancellationof the Alliance • Entry into force of these terms is void (chapter I) • Expayer ( Chapter 7 Book IV)

  4. SubektiAdd2 voidance of Engagementsin The Manner • the expiry of a period of time • tenancy agreement • Death of person • labor agreement

  5. Payment • In Indonesia Civil Code - payment in a wider sense - accomplishment of an achievement - the repayment of any engagements • Kreditur • Debitur • Party III

  6. who must make the payments Achievment Give something Party III Interest make something Party III Can Not Strong Canot Ferry Strong Make something canot done payment Party III

  7. Replacement credit in an Alliance as a result of any such payment is called subrogasi Debitur Old Kreditur Party III Give Payment (New Kreditur)

  8. Legitimate Payment (1384 Verse 1) The owner of the goods of debtors who paid. Ably perform such deeds • who can receive a payment - Creditors - A person authorized by the lender - Person authorized by judge ato ACT • Objek Payment - handed over to his creditor and the debtor of the treaty depends on the contents of

  9. Place Payment - Any place that has been specified in the agreement. - With respect to the goods it was during agreement closed There is No - In Place Creditors • Time Payment - not prescribed by the legislation in general • what deserves consideration is • What is exchanged • If Not engagements are carried out as soon as possible after it has occurred

  10. Conditions of payment time yg arranged specifically regulated in section 1540 and 1549, 1740 • Proof of payment. • Not regulated by the ACT expressly • There is no provision requiring the lender provides evidence yg payment because the payment is made in cash • now , a creditor must provide evidence of payment to the debtor

  11. The Offerof a PaymentIn Cash / SafekeepingFollowedStorage • done in the circumstances the lender does not want to receive payments from the debtor, the debtor's conduct offer cash payments followed by consignment • the offer must be made officially • Aply Some of The Money moving goods No Real Property do anything not do anything

  12. Updates Debt Novasi • remove the engagement a long time and establish new engagements • An agreement which led to the hapusnya of an Alliance and at the same time arise other Alliance placed in lieu of the Alliance's reply • Should be stated expressly and real deeds of each • kind of novasinovasiobjectivenew engagements Parties remain subjective novasi passive replace the old debtors Subjective Novasi Aktif Replace The old creditors

  13. Novasi Objective • replace or change the contents of the Alliance to pay a sum of money was handed over the goods • Change the cause of damages for the Alliance to be wanprestasiNovasi Subjective PMH Passive • expromissie debtor substituted for the debtor without the aid of the debtor for a long time a new • Novasi Subyektif Aktif a three-party agreement n new debtors creditor creditors

  14. Encounter Debt Compensation • Occur if the Alliance is concerned, between the parties mutually owes to each other • the object of compensation mengnai sejumlh uang Similar goods consumables - Alfa has a debt of USD 15,000.00 to Bravo. In contrast to Alpha bravo also owes Rp. 10,000 rupiah. then the second debt it can be compensated for a number of Rp. 10,000. so that the debt of Rp. 5000 to Alpha Bravo.

  15. When compensation occurs • automatically (p.1426) • Two people mutually owed (p. 1427) • the object of some sort of engagements in the form of money or goods • receivable that already can be charged • Can be factored quickly exchanged

  16. A Commingling Konfusio Debt • Occur if the position between the creditors and debtors are in one person • as a result of being clear of engagement • Because the marriage between creditors and debtors, then there was a coexistence of wealth • because of the beneficiaries of a debtor to a creditor .

  17. Thanks for Your Antention

More Related