scholarly journals CACAT HUKUM DALAM HIBAH SEBAGAI PERJANJIAN SEPIHAK DAN IMPLIKASINYA

NOTARIUS ◽  
2018 ◽  
Vol 11 (1) ◽  
pp. 100
Author(s):  
Nila Mandasari
Keyword(s):  
Islamic Law ◽  
Civil Code ◽  
Third Party ◽  
The Third ◽  
Grant Recipient ◽  
The Third Party ◽  
Modern Era

AbstractGrant Agreement in the modern era has been regarded as a normal thing, but most of the implementations found incorrect according to legislation. The method used in this research is juridical empirical, specification of this research is descriptive. Deed of grant can be canceled after the grant was not carried out as required, that is done by notary deed pursuant to Article 1682 joint 1683 of the Civil Code. Then if the donated goods are not the property of the grantor in violation of the provisions of Article 200 Compilation of Islamic law is an act which is done in the framework of the delivery of goods / items from the grantor to the grantee and the goods delivered are the properties of their own. Then, if the grantor proved to have died when the deed of grant was made contrary to the provisions of Article 1666 of the Civil Code clearly confirms that the grant is an agreement by who provides grants, at the time of his life, freely and irrevocably, handed some object for the purposes of the grant recipient to take advantage of it. Then grant that exceed 1/3 of his property contrary to the provisions of Article 210 paragraph (2) Compilation of Islamic Law. As a result the consequences of legal defect for internal party and the third party of the cancellation of the deed of grant ownership of the property / land will be returned to the grantor / owner of the land. AbstrakPembuatan Perjanjian Hibah di era modern sudah dianggap sebagai hal yang lumrah, akan tetapi dalam implementasinya banyak pembuatan perjanjian hibah tidak sesuai dengan peraturan perundang-undangan yang berlaku. Metode pendekatan yang digunakan dalam penelitian ini adalah yuridis empiris, spesifikasi penelitian ini adalah deskriptif analitis. Pemberian hibah sebagai perjanjian sepihak terjadi cacat hukum jika hal tersebut tidak dengan akta Notaris berdasarkan ketentuan Pasal 1682 jo 1683 KUHPerdata. Apabila barang yang dihibahkan bukan barang milik pemberi hibah, melanggar ketentuan Pasal 200 Kompilasi Hukum Islam yaitu suatu perbuatan yang dilakukan dalam rangka penyerahan suatu barang/benda dari pemberi hibah kepada penerima hibah dan barang yang diserahkan tersebut adalah barang milik sendiri. Kemudian apabila si pemberi hibah terbukti sudah meninggal dunia ketika akta hibah dibuat, bertentangan dengan ketentuan Pasal 1666 KUHPerdata menegaskan bahwa hibah adalah suatu perjanjian dengan mana si penghibah, di waktu hidupnya, dengan cuma-cuma dan dengan tidak dapat ditarik kembali, menyerahkan sesuatu benda guna keperluan si penerima hibah yang menerima penyerahan itu. Kemudian pengibahan yang melebihi 1/3 harta bendanya bertentangan dengan ketentuan Pasal 210 ayat (2) Kompilasi Hukum Islam. Implikasi dari akta hibah yang cacat hukum bagi pihak interrnal dan pihak ketiga adalah kepemilikan atas harta/tanah tersebut akan kembali kepada pemberi hibah/pemilik tanah.  

Contracts for the Benefit of Third Parties Under the Taiwan Civil Code

2018 ◽  
Author(s):  
Sheng-Lin JAN
Keyword(s):  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Legal Relationship ◽  
The Third Party ◽  
Privity Of Contract

This chapter discusses the position of third party beneficiaries in Taiwan law where the principle of privity of contract is well established. Article 269 of the Taiwan Civil Code confers a right on the third party to sue for performance as long as the parties have at least impliedly agreed. This should be distinguished from a ‘spurious contract’ for the benefit of third parties where there is no agreement to permit the third party to claim. Both the aggrieved party and the third party beneficiary can sue on the contract, but only for its own loss. The debtor can only set off on a counterclaim arising from its legal relationship with the third party. Where the third party coerces the debtor into the contract, the contract can be avoided, but where the third party induces the debtor to contract with the creditor by misrepresentation, the debtor can only avoid the contract if the creditor knows or ought to have known of the misrepresentation.

scholarly journals Identification of Information Leakage and Guilt Agent by using MAC-IP Binding and Recursive Partitioning Algorithm to Modulate the Uncertainty in the Organization’s Network

2019 ◽  
Vol 9 (1) ◽  
pp. 4091-4096
Keyword(s):  
Decision Tree ◽  
Recursive Partitioning ◽  
Information Leakage ◽  
Third Party ◽  
Sensitive Information ◽  
Sensitive Data ◽  
The Third ◽  
Partitioning Algorithm ◽  
The Third Party ◽  
Modern Era

In this modern era, all organizations depend on internet and data so, maintaining of all data is done by the third party in large organizations. But in this present on-developing world, one have to share the data inside or outside the organization which incorporates the sensitive data of the venture moreover. Data of the organization have sensitive data which should not share with any others but unfortunately, that data was there in the third party hands so; we need to protect the data and also have to identify the guilt agent. For this, we propose a model that would evaluate and correctly identifies guilt agents, for which a recursive partitioning has been created which is a decision tree that spills data in to the sub partitions and does the easiest way to get alert and at least one specialist or it can autonomously accumulate by some different means. The main intention of the model is to secure sensitive information by recognizing the leakage and distinguish the guilt agent.

Third Party Beneficiaries in Thai Contract Law

2018 ◽  
Author(s):  
Pattarapas Tudsri ◽  
Angkanawadee Pinkaew
Keyword(s):  
Contract Law ◽  
Civil Code ◽  
Third Party ◽  
Compelling Evidence ◽  
The Third ◽  
Commercial Code ◽  
The Third Party

This chapter examines the ability for third party beneficiaries to enforce contracts under section 374 of the Thai Civil and Commercial Code. The provision illustrates that the urgency for enactment of the Code came at the expense of depth and intricacy. Whereas the German Civil Code expressly provides that the third party’s entitlement to enforce the provisions of a contract may be inferred from the circumstances, such provision is absent in the Thai Code. While the intention of the parties should be capable of inference from the contract, Thai courts have demonstrated a reluctance to read section 374 broadly; compelling evidence is required before the third party is found to acquire rights. Apart from the four categories of contracts where the courts more readily find third party rights—insurance, compromise, a contract to discharge a debt owed by third party, and a contract to confer an option on a third party—parties are likely to find it difficult to invoke section 374. Underlying the judicial attitude is the strong grip of the privity rule, or to use the German-inspired term, the ‘relativity of contract’. This restrictive approach also applies to the interpretation of ‘performance’ which does not include conferment of benefits.

scholarly journals PRE-NUPTIAL AGREEMENT AFTER THE ENACTMENT OF DECREE BY CONSTITUTIONAL COURT OF INDONESIA NUMBER: 69 / PUU-XIII / 2015 TO THE THIRD PARTY

2017 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Liliana Tedjosaputro
Keyword(s):  
Civil Code ◽  
Third Party ◽  
Constitutional Court ◽  
Mixed Marriage ◽  
The Third ◽  
Joint Ownership ◽  
The Third Party ◽  
One Year ◽  
Property Title ◽  
Joint Property

<p>Pre-nuptial agreement which was originally provided in Article 119 of the Civil Code and Article 29 of Act Number 1 of 1974 may only be made upon or before the marriage is conducted. As for foreigners who conduct mixed marriage with Indonesian Citizen, without having pre-nuptial agreement before marriage is conducted or upon the marriage is conducted, the joint property in marriage shall be deemed as foreign property and in accordance with the Basic Agrarian Law, land and building which is registered under the name of Indonesian citizen who conduct mixed marriage with foreigners, which is not transferred after one year will become state property. Afterwards the Constitutional Court issued Decree Number : 69/PUUXIII/2015 which grants permission that pre-nuptial agreement may be made after the marriage is conducted. Can after marriage pre-nuptial agreement be applied retroactively without harming the third party? Pre-nuptial agreement may be made after the marriage is conducted if it's implementation does not harm the third party. Because after the pre-nuptial agreement is made the conjugal property is no longer joint property. The husband and wife property's title shall become their own property title respectively. Thus, Indonesian citizen property shall remain Indonesian citizen property, foreign citizen property shall remain foreign citizen property in mixed marriage. Land which is owned by Indonesian citizen may still be owned by Indonesian citizens because there is no joint ownership of property by foreign<br />citizen.</p>

scholarly journals EKSEKUSI JAMINAN PERORANGAN (BORGTOCHT) DALAM PENYELESAIAN KREDIT MACET MELALUI KEPAILITAN (ANALISIS PUTUSAN MAHKAMAH AGUNG RI NOMOR 2960 K/Pdt/2010)

Jurnal MINUTA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 14-19
Author(s):  
Evi Retno Wati
Keyword(s):  
Supreme Court ◽  
Civil Code ◽  
Third Party ◽  
The Third ◽  
The Supreme Court ◽  
The Law ◽  
The Third Party ◽  
The Right

Generally collateral is divided into two, namely personal guarantee (persoonlijke zekerheid) and corporeal guarantee (zakerlijke zekerheid). On Personal collateral, what given by debtor was not an object but a statement made by the third party who has no interest at all both toward debtor or creditor. In the case that was reviewed in this research to wit The supreme court of Republic of Indonesia decree No. 2960 K/Pdt/2010 PT. Pertamina Dana Ventura (first named PT. Pertamina Saving & Investment), as a creditor filed a confiscation guarantee claim toward Kairudin Nur who is the guarantor of the debt of PT. Goro Bata Sakti (in bankruptcy) as a debtor. Guarantor in Indonesian Civil Code (later stated as KUHPer) is given a privilege which is stated in article 1831 KUHPer which given right to the guarantor to reject payment to creditor before the creditor’s property confiscated first and sold in order to pay the debts. If after the debtor’s property confiscated and sold are not enough to pay the debts, then in this case the guarantor is responsible for fulfilling the debts toward creditor. In The supreme court of Republic of Indonesia decree No. 2960 K/Pdt/2010, the guarantor right as ruled in KUHPer is violated. Therefore the law protection that can be given to the guarantor is the guarantor is given the right to accelerate the management and settlement toward debtor’s assets which were under curator supervision.

scholarly journals The Most Important Legislative Amendments Related to the Effect of the Contract Towards the Third Party in the French Civil Code Amended in 2016 and 2018

2020 ◽  
pp. 1-27
Author(s):  
Raghid Fattal ◽  
Keyword(s):  
Legal Status ◽  
Civil Code ◽  
Third Party ◽  
The Third ◽  
The Law ◽  
The Third Party ◽  
Legislative Amendments

The French decree no. 131/2016 promulgated on Feb.10, 2016, and the Law no. 287/2018 promulgated on April 20, 2018 have amended many issues in the French Civil Code, including the doctrine “the contract has effect towards the parties only”. However, this doctrine is not very clear, and needs to be interpreted according to the new legislations. This shall include the idea that “the third party shall respect the legal status created by the contract”, and the idea that the third party can benefit from the legal status created by the contract as well. The doctrine according to which the simulated contract does not have effect towards the third party, and the nullity of the contract that simulates the true price, and how the amendments of the articles 1199 and 1200 of the French Civil Code affect the courts decisions that allow the third party to oblige the seller to execute the sale contract. It is also important to mention the conditions that allow the third party to sue for damages, the debtor who did not perform his/her contractual duties. We would like also to mention the opinions of the Law projects makers, and to compare the laws with the UAE Civil Transactions Law. The new doctrine of “binding himself on behalf of a third party” and the doctrine of “stipulation for the benefit of a third party” shall be interpreted according to the new legislations.

scholarly journals KEKUATAN HUKUM JUAL BELI TANAH MELALUI SEORANG KUASA

2019 ◽  
Vol 1 (2) ◽  
pp. 188
Author(s):  
Rumelda Silalahi
Keyword(s):  
Data Analysis ◽  
Government Regulation ◽  
Theoretical Framework ◽  
Civil Code ◽  
Third Party ◽  
Land Registration ◽  
The Third ◽  
The Third Party ◽  
Court Hearing ◽  
Land Sale

This study aimed at determining the legal strength of land sale and purchase through the power of an attorney. The method used in this study was sociological juridical, in which the author examined the fact based on the legislation that regulates the problem by looking directly at the implementation and application of these regulations in practice. The method of data analysis in this study was analytical descriptive wherein in this process the researcher actively and subjectively performed the process of interpreting, interpreting, and evaluating the collected data based on the theoretical framework and understanding that developed when interpreting the data. The results of the research obtained showed that the sale and purchase of land through the power of an attorney had a legal force that was legal and bound the authority and the third party concerned had to carry out the contents of the agreement. This was because the authorizer had to implement the agreement made by the recipient of the power of an attorney, as long as the recipient of the power did not exceed the authority granted to him. If there was a dispute, the party who become the party was the authorizer and the third party was not the recipient of the power of the attorney. Whereas the problems arising in connection with the sale and purchase of land through the power of an attorney in a court hearing stipulated the provisions of the Civil Code, UUPA No. 5 1960 and Government Regulation No. 10 of 1961 concerning land registration.

Resolving tension from the third-party forgiveness effect

2014 ◽  
Author(s):  
Jaclyn M. Moloney ◽  
Chelsea A. Reid ◽  
Jody L. Davis ◽  
Jeni L. Burnette ◽  
Jeffrey D. Green
Keyword(s):  
Third Party ◽  
The Third ◽  
The Third Party
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