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Engagements Matter of LawBy. Shidqi Noer Salsa20110610194
The Cause of The Engagements Voidance Voidance of engagements are arising
from the treaty and the legislation.* Chapter IV book III
Article 1381 Indonesian Civil Court.* 10 nullification of a
engagement
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. Cancellation of the Alliance Entry into force of these terms is void
(chapter I) Expayer ( Chapter 7 Book IV)
Subekti Add 2 voidance of Engagements in The Manner the expiry of a period of time tenancy agreement Death of person labor agreement
Payment In Indonesia Civil Code- payment in a wider sense- accomplishment of an achievement - the repayment of any engagements
Kreditur Debitur Party III
who must make the paymentsAchievment Give something Party III
Interest
make something Party III Can Not Strong
Canot Ferry StrongMake something canot done payment Party III
Replacement credit in an Alliance as a result of any such payment is called subrogasi
Debitur Old Kreditur
Party IIIGive Payment(New Kreditur)
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
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
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
The Offer of a Payment In Cash / Safekeeping Followed Storage 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 Propertydo anythingnot do anything
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 novasi novasi objective new engagements
Parties remainsubjective novasi passive replace the old debtorsSubjective Novasi Aktif Replace The old creditors
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 wanprestasi Novasi 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
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.
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
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 .
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