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Engagements Matter of Law By. Shidqi Noer Salsa 20110610194
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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
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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)
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Subekti Add 2 voidance of Engagements in The Manner the expiry of a period of time tenancy agreement Death of person labor agreement
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Payment In Indonesia Civil Code -payment in a wider sense -accomplishment of an achievement -the repayment of any engagements Kreditur Debitur Party III
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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
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Replacement credit in an Alliance as a result of any such payment is called subrogasi Debitur Old Kreditur Party IIIGive Payment (New Kreditur)
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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
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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
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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
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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
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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
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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
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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.
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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
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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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