ANPRESTASI DEBITUR DENGAN KREDITUR YANG DILAKUKAN DI LUAR PERJANJIAN KREDIT BANK DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PERDATA PASAL 1234

Authors

  • Fauzi Fahreza Fakultas Hukum, Universitas Pamulang
  • Aulia Salzaebilla Fakultas Hukum, Universitas Pamulang
  • Eryka * Fakultas Hukum, Universitas Pamulang

Abstract

In the field of civil law, an agreement is one of the most important and mandatory contents in legal relations in the field of assets. The law of engagement is regulated in the third BW (Part III of the Civil Code) which is broadly divided into two parts, namely first, general agreements, both agreements by agreement and agreements by law, and secondly agreements by agreement. Engagement originating from law. engaged. A deal, a certain deal. Each agreement is born either because of agreement, either because of the law as stipulated in book III Article 1233 of the Civil Code, while the engagement itself gives the rights and obligations of achievement of each of the parties to do something based on the existence of a free consensus as long as it is not Contrary to the rule of law Engagement is a legal relationship in assets between two or more people, where one party is entitled to something and the other party is obliged to something legal relationship in these assets is a legal consequence of an agreement or other legal event that gives rise to an agreement or agreement. Often the things that become a problem in contract law are the debtor's negligence or negligence to the creditor, or the fulfillment of promises made by the debtor. In civil law, both are referred to as achievements for those who fulfill promises and defaults for those who do not fulfill promises. The default cases raised in this study are an example of various types of default cases that have occurred in Indonesia. This shows that there are still many Indonesian people who underestimate the terms of the agreement agreed upon by both parties.

 

 

Keywords : engagement, default, result of law.

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Published

2023-03-23