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Engagements Matter of Law By. Shidqi Noer Salsa 20110610194

Engagements Matter of Law By. Shidqi Noer Salsa 20110610194

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

Engagements Matter of LawBy. Shidqi Noer Salsa20110610194

Page 2: Engagements Matter of Law By. Shidqi Noer Salsa 20110610194

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

Page 3: Engagements Matter of Law By. Shidqi Noer Salsa 20110610194

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)

Page 4: Engagements Matter of Law By. Shidqi Noer Salsa 20110610194

Subekti Add 2 voidance of Engagements in The Manner the expiry of a period of time tenancy agreement Death of person labor agreement

Page 5: Engagements Matter of Law By. Shidqi Noer Salsa 20110610194

Payment In Indonesia Civil Code- payment in a wider sense- accomplishment of an achievement - the repayment of any engagements

Kreditur Debitur Party III

Page 6: Engagements Matter of Law By. Shidqi Noer Salsa 20110610194

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

Page 7: Engagements Matter of Law By. Shidqi Noer Salsa 20110610194

Replacement credit in an Alliance as a result of any such payment is called subrogasi

Debitur Old Kreditur

Party IIIGive Payment(New Kreditur)

Page 8: Engagements Matter of Law By. Shidqi Noer Salsa 20110610194

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

Page 9: Engagements Matter of Law By. Shidqi Noer Salsa 20110610194

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

Page 10: Engagements Matter of Law By. Shidqi Noer Salsa 20110610194

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

Page 11: Engagements Matter of Law By. Shidqi Noer Salsa 20110610194

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

Page 12: Engagements Matter of Law By. Shidqi Noer Salsa 20110610194

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

Page 13: Engagements Matter of Law By. Shidqi Noer Salsa 20110610194

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

Page 14: Engagements Matter of Law By. Shidqi Noer Salsa 20110610194

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.

Page 15: Engagements Matter of Law By. Shidqi Noer Salsa 20110610194

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

Page 16: Engagements Matter of Law By. Shidqi Noer Salsa 20110610194

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 .

Page 17: Engagements Matter of Law By. Shidqi Noer Salsa 20110610194

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