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Engagements Matter of Law By. Shidqi Noer Salsa 20110610194.

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Presentation on theme: "Engagements Matter of Law By. Shidqi Noer Salsa 20110610194."— Presentation transcript:

1 Engagements Matter of Law By. Shidqi Noer Salsa 20110610194

2 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

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.  Cancellation of the Alliance  Entry into force of these terms is void (chapter I)  Expayer ( Chapter 7 Book IV)

4 Subekti Add 2 voidance of Engagements in 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 IIIGive 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 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 NoReal 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 novasi novasi objective new engagements Parties remain subjective novasi passivereplace the old debtors Subjective Novasi AktifReplace 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 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

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

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