scholarly journals Sales with Privately Made Deed Over The Object Under Hak Tanggungan Based on The Authorization to Sell in Banking Practice

Rechtsidee ◽  
2014 ◽  
Vol 1 (2) ◽  
pp. 191
Author(s):  
Sri Budi Purwaningsih
Keyword(s):  
Civil Code ◽  
The Future ◽  
Property Sales

The extension of credit contain a risk that must be covered by the bank, because the credit is given now and pay later. To minimize the risk of loans, the bank will ask the debtor to provide collateral as a source of repayment of the debt if the debtor default or breach of the contract. According to Article 1131 Civil Code (KUH Perdata), all assets of a debtor, either moving or fixed objects, both existing and new will exist in the future, a guarantee for all debts of the engagement. This means that by itself or in order to pass laws providing collateral by a debtor to any creditor for all debtor's property. Sales with Privately Made Deed over the object in the hak tanggungan banking practices may be more effective and efficient both in terms of time and costs for the settlement of non-performing loans. But in practice, occurs some offense prescribed procedure leading to doubts about the legality aspect of sales with privately made deed over the object under hak tanggungan based on the authorization to sell in banking practice. How To Cite: Purwaningsih, S. (2014). Sales with Privately Made Deed Over The Object Under Hak Tanggungan Based on The Authorization to Sell in Banking Practice. Rechtsidee, 1(2), 191-204. doi:http://dx.doi.org/10.21070/jihr.v1i2.100

scholarly journals NOTARY’S RESPONSIBILITY TO THE TRUTH OF DATA IN THE MAKING OF ISLAMIC BANKING CONTRACT IN INDONESIA

2018 ◽  
Vol 5 (1) ◽  
pp. 47
Author(s):  
Abdul Muin
Keyword(s):  
Civil Code ◽  
Islamic Banking ◽  
Public Official ◽  
Legal Basis ◽  
The Future ◽  
The Government ◽  
Definition Of

Notary is a public official appointed by the government authorized to make an authentic deed as stipulated in UUJN. Authority as mentioned above includes in the making of deed or contract on Islamic Banking. A contract according to language is binding, connecting, as for the meaning of the contract by term is an association or meeting between ijab and qabul that result in law. While the definition of Islamic Banking is a bank that runs its operations based on the principles of sharia. Notary Authority as regulated in Law Number 30 Of 2004 junto Law Number 2 Of 2014 concerning Notary Position shall be based on the honesty of Notary in executing its duties and authority including within the truth of the data in the process of making the contract. If the contract or deed made by the Notary in the future found the supporting data proved counterfeit and Notary participate in the practice of data forgery then the Notary is the person involved in making the contract with false data. However, if the data on which the notarial deed is made is not involved in the falsification, then the Notary does not take responsibility in the criminal act of falsifying the data. And the notary may exercise its right of interest. The legal basis of this journal is the Qoran and Hadits, Law No. 30 of 2004, Law No. 2 of 2014 on the position of Notary, Law Number 31 Of 2008 concerning Islamic Banking and the Civil Code.

scholarly journals CONDITIONS AND BASES FOR CIVIL LEGAL LIABILITY OF MINORS AGE FROM FOURTEEN TO EIGHTEEN

2020 ◽  
Vol 36 (4) ◽  
pp. 94-99
Author(s):  
Z.A. Alieva ◽  
Keyword(s):  
Russian Federation ◽  
Civil Liability ◽  
Legal Liability ◽  
Civil Code ◽  
Adoptive Parents ◽  
Judicial Practice ◽  
The Future ◽  
The Russian Federation

The article examines the conditions for the occurrence and grounds of civil liability of minors between the ages of fourteen and eighteen years. The article characterizes individual articles of the Civil Code of the Russian Federation concerning the civil liability of minors at the age in question. The idea is substantiated that by compensating for harm by parents (adoptive parents) or guardians of minors, if they do not prove that the harm arose through no fault of theirs, the legislator tries to respect the interests of persons who have suffered from the illegal actions of minors. The article presents the views of scientists regarding the conditions for the onset of civil liability of this category of minors. The features of the onset of property liability of minors between the ages of fourteen and eighteen are analyzed. Examples from judicial practice on the problems of compensation for harm caused by minors between the ages of fourteen and eighteen are given. The result of the study is the formulation of conclusions that the absence of direct responsibility of minors leads to their impunity in the future, and makes the institution of civil liability of minors formal.

scholarly journals Japanese law on Gender change

2017 ◽  
Vol 33 (4) ◽  
Author(s):  
Cham Nguyen Thi Phuong
Keyword(s):  
Social Life ◽  
Sex Change ◽  
Civil Code ◽  
Point Of View ◽  
Legal Issues ◽  
Practical Point ◽  
The Future ◽  
Japanese Law ◽  
Gender Change

After the Civil Code 2015 (Civil Code 2015) takes effect from January 1st 2017, the first Vietnamese law recognizes sex change. However, there are still many legal issues that can not be resolved. At the same time, there is requirements to develop a relevant law so that these provisions of the Civil Code 2015 come into social life. This article studies Japanese law on gender change from a theoretical and practical point of view, thus proposing the scope of regulation and structure of the relevant laws on this issue in Vietnam in the future.

scholarly journals Parameter Menentukan Perbuatan Wanprestasi Dan Penipuan Dari Suatu Perjanjian

2020 ◽  
Vol 19 (3) ◽  
pp. 477-498
Author(s):  
Azhari Ar Azhari Ar
Keyword(s):  
Criminal Law ◽  
Daily Life ◽  
Criminal Code ◽  
Civil Code ◽  
Good Faith ◽  
Mens Rea ◽  
The Future

Agreement is made legally binding for the makers and the parties are obliged to fulfill it. In the practice of daily life, it is not uncommon for contract actors who do not carry out their obligations; they are being prosecuted by creditors through criminal law by referring to article 378 of the Criminal Code so that there seems to be a similarity between the default legal figure and fraud in an agreement, whereas in the regulation both of these are governed by different laws. Default is regulated in the Civil Code while fraud is regulated in the Criminal Code. The problem in this paper is what is the parameter or measure to determine the legal acts of default and criminal act of fraud.Distinguishing parameter between default and fraud is on the default which is seen from the objective and subjective factors of good faith, while the criminal act of fraud is motivated by evil intentions (mens rea) to have an object (items) belonging to someone else with the parameters of subjective and objective elements. In the future, law practitioners and academics should be able to separate explicitly to settle dispute agreements that contain defaults and criminal act of fraud.

scholarly journals Framework Agreement as the Basis of the Obligation, or Criticism of the Concept of the Article 429.1 of the Russian Civil Code

2016 ◽  
Vol 4 (12) ◽  
pp. 0-0
Author(s):  
Дмитрий Шнигер ◽  
Dmitriy Shniger
Keyword(s):  
Present Article ◽  
Civil Code ◽  
Point Of View ◽  
Framework Agreement ◽  
The Future ◽  
Definition Of ◽  
Practical Recommendations ◽  
Basic Contract

The author analyzes the concept, features, scope and contents of the framework agreement from the point of view of the Russian Civil Code, the Concept of improvement of general provisions of obligation law of Russia and the needs of economic turnover. In the article the author formulated the definition of a framework agreement, which is seen as the basis of the obligation to conclude another one, main contract in the future (or several contracts). The author has analyzed the different ways to conclude the basic contract and has made legal qualifications of such contract documents (applications, specifications, etc.). Also the author has come to conclusion on the essential terms of the main contract and has provided practical recommendations for the conclusion of framework contracts and permits arising from them civil disputes. A few issues on accountability of the parties for breach of the master contract were also considered in present article.

scholarly journals THE STATE POSITION AS A PREFERENT CREDITOR OF THE TAX DEBT IN BANKRUPTCY

2018 ◽  
Vol 2 (1) ◽  
pp. 65-77
Author(s):  
Ratih Damayanti
Keyword(s):  
Civil Code ◽  
The State ◽  
Tax Collection ◽  
The Future ◽  
State Position ◽  
The Law ◽  
Administrative Sanctions ◽  
Debt Payment ◽  
General Taxation

Bankruptcy is a decision issued by the Court that resulted in a general confiscation of all the wealth owned and the wealth that will be owned by the debtor in the future. The State has the preference right to tax debt on the property of the Taxpayer. This means that the position of the state as a preferent creditor who is declared to have prior rights over the property of the Taxpayer to be auctioned in public. The state's preference by taxpayer repayment is in fact not as easy as one might imagine, there are some problems. The purpose of article writing is to know the position of the State as a preferent creditor for the tax debt of the taxpayer declared bankrupt and know the obstacles of the State as a preferent creditor to the repayment of tax debt on taxpayers declared bankrupt. Provisions on the State's prior rights include the principal taxes, administrative sanctions in the form of interest, penalties, increases, and tax collection fees. The weakness in the regulation creates an impediment to the application of the State as a preferential creditor who has the preference right, namely the formulation of the preference right itself that is unclear about the notion of the state's position as the preferent creditor, in addition to the overlapping regulation of the preference right (preferent creditor) The Civil Code, the Law on General Taxation and Bankruptcy Laws and Postponement of Debt Payment Obligations which not only the State as the Preference rights holder's creditors.

scholarly journals The legal aspect of security over future receivables in Japan and suggestions for Vietnam

2020 ◽  
Vol 4 (3) ◽  
pp. First
Author(s):  
Lien Dang Phuoc Hai
Keyword(s):  
Property Rights ◽  
Legal Aspect ◽  
Civil Code ◽  
Security Measures ◽  
Financial Vulnerability ◽  
Access To Credit ◽  
The Future ◽  
The Creation ◽  
Business Financing ◽  
Positive Impacts

Enabling the use of future receivables as collateral to access to credit is highly economically meaningful, as its development is for one thing to assist businesses and individuals to access the capital easily with movable assets to be accrued in the future, and for another thing to encourage lending by reducing the financial vulnerability of lenders. In Vietnam, the recognition of future objects as a form of property eligible to be used as collateral since the 2005 Civil Code has had positive impacts on business financing. However, the term “future objects” does not explicitly cover all types of assets to be formed in the future such as future property rights not categorized as eligible collaterals. This shortcoming later has been revised and supplemented under Decree 163/2006/ND-CP, amended by Decree 11/2012/ ND-CP (Collectively Decree 163) which permits the creation of security over both existing and future receivables. The 2005 Civil Code has been replaced by the 2015 Civil Code, and it is necessary to revise or replace Decree 163 to reflect the changes in the Civil Code and the new practice. Vietnamese Government has been collecting comments for a draft decree on security measures to replace Decree 163, and this article aims to analyze the legal schemes in the former and current Civil Code regarding the use of future receivables as security for performance obligations, and compare with Japanese laws on securitization of future receivables in Japan. The author will try to provide suggestions drawing from Japanese lawmaking for reforming Vietnamese statutory.

scholarly journals Akibat Hukum Dari Pemutusan Kontrak Secara Sepihak

2021 ◽  
Vol 2 (1) ◽  
pp. 93
Author(s):  
Nurainy Usman ◽  
Merry Tjoanda ◽  
Saartje Sarah Alfons
Keyword(s):  
Research Method ◽  
Civil Code ◽  
Conceptual Approach ◽  
Research Results ◽  
Unilateral Termination ◽  
The Future ◽  
Legal Consequence ◽  
The Law ◽  
Contract Termination ◽  
Legal Consequences

This study aims to determine how the arrangements for the unilateral termination of the contract/agreement and what are the legal consequences arising from the unilateral termination of the contract. The research method used is normative juridical. The approach used in this research is the statute approach and the case approach, and the conceptual approach. The conclusion of the research results is that; contract termination arrangements and legal consequences are regulated in Articles 1266, 1267, 1243 and 1365 of the Civil Code. The conditions for an agreement to be canceled unilaterally are that the agreement must be reciprocal, there is default, and the cancellation must be requested from the judge. Unilateral termination of the agreement due to default without going through the court is an act against the law. The legal consequence of the unilateral termination of the agreement due to default is a claim for compensation from the party who feels aggrieved. The Civil Code does not explicitly regulate the differentiation of compensation as a result of default with compensation as a result of an act against the law. Based on the research results, it is found that compensation as a result of default is compensation in the form of material, while compensation for an illegal act is compensation in the form of material and immaterial. It is hoped that in the future there will be clear regulations regarding compensation as a result of default and compensation as a result of acts against the law.

The New Contract Law in the Chinese Civil Code

2021 ◽  
Author(s):  
Bing Ling
Keyword(s):  
Contract Law ◽  
Civil Code ◽  
Introductory Essay ◽  
The Future ◽  
The Law

Abstract China’s new Civil Code, adopted in May 2020, includes a Book on contract law that brought about major developments in this important area of law. A full translation of the Book is presented, with an introductory essay reviewing some of the most significant issues that have emerged in the decade-long drafting of the new law. Various unresolved controversies foreshadow further debates and reform of the law in the future.

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