Kewenangan Mengadili atas Penerapan Choice Of Law Pada Asuransi Pengangkutan Laut

Transportation is currently developing very rapidly in the aspect of life, there are many transportations that provide cheaper prices than other transportation. To avoid the risks in sea transportation using sea freight insurance, but sea freight insurance still uses English law and its provisions. So that in the sea transportation insurance agreement the choice of law applies. The study examines the position of the choice of law in the settlement of maritime transportation disputes and explains the procedure for resolving disputes over the choice of law on the authority to adjudicate sea transportation. This study uses a normative research method with a statutory approach because there is still a conflict of norms, sourced from primary and secondary data. In the Civil Code Articles 1320 and 1338 it has been determined that the conditions for the validity of an agreement and agreements made legally will become law for those who make them. So apart from that, the choice of law in the jurisdiction to adjudicate is also contained in international civil law, thus in the settlement of maritime transportation insurance disputes that still use English law, it can be resolved by looking at the facts contained in the sea freight insurance agreement with the applicable laws. apply.

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Kedudukan Sumpah Pemutus dalam Pembuktian Sengketa Tanah Waris

Jurnal Konstruksi Hukum ◽

10.22225/jkh.2.1.2563.315-319 ◽

2020 ◽

Vol 1 (2) ◽

pp. 315-319

Author(s):

I Gusti Ayu Maha Patni ◽

I Made Suwitra ◽

I Ketut Sukadana

Keyword(s):

Decision Making ◽

Research Method ◽

Civil Law ◽

Civil Code ◽

Customary Law ◽

Choice Of Law ◽

Land Disputes

This study is motivated by the phenomenon of inherited land disputes that often occur in the community. When the distribution of inheritance is not fair, the heirs can file a lawsuit in court according to the choice of law, both in western civil law and in customary law. This study aims to determine the procedure for the breaker's oath in inherited land disputes and to analyze the power of proof of the breaker's oath in inherited land disputes. This study uses a normative research method with the aim of analyzing the obscurity of norms regarding the proof of the breaker's oath. The data used comes from legal materials such as statutory regulations, Civil Code, HIR or RBg and Jurisprudence. The results of the analysis show that the procedure for the breaker's oath in inherited land disputes is the breaker's oath (oath decisoir) which is charged at the request of one party to the opponent. The types of breaking oaths or decisoir oaths can be in the form of pocong oaths, pulpit vows, pagoda oaths, and cast oaths which are known in Hindu society in Bali. An oath of decision making in inherited land disputes, namely an oath of decision made when there is no attempt to prove anything in a case. Then, the power of proof of the breaker's oath is seen in Decision Number 148 / PDT.G / 2016 / PN GIN, that the power of proof of the breaker's oath has the power to decide cases or disputes which have the value of perfect proving power, binding and determining

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ANALISIS YURIDIS MENGENAI PENTINGNYA KLAUSULA PILIHAN HUKUM DAN/ATAU PILIHAN FORUM DALAM KONTRAK BISNIS INTERNASIONAL

ARGUMENTUM Jurnal Magister Hukum ◽

10.24123/argu.v7i1.3006 ◽

2020 ◽

Vol 7 (1) ◽

pp. 27

Author(s):

Michael Saputra Prajugo

Keyword(s):

International Business ◽

Legal System ◽

Research Method ◽

Research Question ◽

Civil Law ◽

Civil Code ◽

Conceptual Approach ◽

Choice Of Law ◽

Important Thing ◽

Business Contract

One sphere regulated by International Civil Law is international business contracts which contain foreign elements. The existence of foreign elements in international business contracts is followed by the emergence of the freedom of the parties to determine choice of law and/or choice of forum. Without the inclusion of choice of law and/or choice of forum clauses, problems will arise about which country’s law applies and which forum is authorized to resolve international business contract disputes. One important thing related to choice of law and/or choice of forum in international business contracts is the limitations toward them. The research question is what are the limitations toward choice of law and/or choice of forum in international business contracts?. The research method used is juridical normative with statute approach and conceptual approach as problem approaches. The result of the research explicates in general, the limitations toward choice of law and/or choice of the forum in international business contracts are the limitations determined in Article 1339 of the Civil Code namely not contrary to propriety, customs, laws, and applicable legal system in every country. The parties need to understand the limitations toward choice of law and/or choice of forum clauses in international business contracts and implement them when making choice of law and/or choice of forum clauses so these clauses are not null and void.

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Kajian Yuridis Pengesampingan Pasal 1266 dan Pasal 1267 Kitab Undang -Undang Hukum Perdata sebagai Syarat Batal dalam Perjanjian Kredit Perbankan

Perspektif Hukum ◽

10.30649/ph.v17i1.59 ◽

2017 ◽

pp. 65-89

Author(s):

Rocky Marciano Ambar ◽

Budi Santoso ◽

Hanif Nur Widhiyanti

Keyword(s):

Research Method ◽

Code Of Ethics ◽

Civil Law ◽

Banking System ◽

Civil Code ◽

Bank Credit ◽

Dominant Position ◽

Legal Implications ◽

Credit Agreement ◽

The Right

Banks in credit agreements use more standard agreements, standard contracts in 2 (two) things, (1) There is an unbalanced position between banks and debtors, banks that have a more dominant position and debtors. (2) There is an understanding of the principle of freedom of contracting and without limits. The Bank has the freedom to seek the form and content of the agreement. Code of Ethics in agreement. The provisions of the Civil Code provide types of compensation for parties. Based on the background, then for problems the problem is written (1). Does the inclusion of Article 1266 and Article 1267 of the Civil Code on the banking system have collected the principles of balance and justice. (2) What are the legal implications of the exclusion clause. The research method is normative juridical research. The result of this research is the neglect of civil law and the principle of compensation is the principle of balance. The basic principle according to Rawls is that it is unfair or more people. in the sense of "freedom of results", in other words. is the nature of the debtor in a bank credit agreement. For the legal implications of the clause that excludes Article 1266 and Article 1267 of the Civil Code concerning the right of the debtor to the debtor. Legal efforts in finding and resolving problems that cannot be made by a decision due to the imbalance of the parties in the agreement. For people who make changes, no party will be harmed.

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RESPONSIBILITY OF CARRIER AGAINST THE OWNER OF GOODS DUE TO ACCIDENTS IN SEA TRANSPORTATION

MAGISTRA Law Review ◽

10.35973/malrev.v1i2.1618 ◽

2020 ◽

Vol 1 (2) ◽

Author(s):

Rahmadsyah Rahmadsyah

Keyword(s):

Research Method ◽

Secondary Data ◽

Analysis Method ◽

Unexpected Events ◽

Sea Transport ◽

Shipping Company ◽

Sea Transportation ◽

Analytical Research ◽

Data Source ◽

Conducting Research

Sea transportation has an important role in the development of the community because the flow of goods and the traffic of people (passengers) by sea can run smoothly. With the smooth traffic of goods and passengers, this certainly makes it easier for people to meet their needs. Sea transportation activities are inseparable from the risk of unexpected events, one of which is ship accident. Based on this background the authors are interested in conducting research with the title "Responsibility of Carrier Against the Owner of Goods Due to Accidents in Sea Transportation, formulation of the problem: 1. How is the responsibility of the carrier to the owner of goods in the event of damage to goods due to accidents in sea transportation?, 2. How Compensation for compensation if there is a loss in transporting goods by sea? In this paper the research method used is a normative juridical approach, descriptive analytical research specifications, the main data source uses secondary data, the data analysis method uses qualitative methods. Research and discussion results are as follows: 1. Maintain the safety of the goods transported from the time of receipt until the time of delivery and has become the responsibility of the carrier if the goods are wholly or partly unable to be delivered or damaged The transporter is obliged to compensate for the loss of the goods being transported 2. If an accident occurs in sea transport recipient of goods does not receive the goods as stated in the agreement of the consensus of the recipient is obliged to make a claim letter to the shipping company within the specified time by explaining the loss suffered.

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Tanggung Jawab Pihak Asuransi Terhadap Perjanjian Kredit Bank Dalam Hal Debitur Meninggal Dunia

Jurnal Konstruksi Hukum ◽

10.22225/jkh.2.1.2996.196-201 ◽

2021 ◽

Vol 2 (1) ◽

pp. 196-201

Author(s):

Ni Putu Purnama Wati ◽

Ni Luh Made Mahendrawati ◽

Desak Gde Dwi Arini

Keyword(s):

Life Insurance ◽

Research Method ◽

Civil Code ◽

Insurance Company ◽

Conceptual Approach ◽

Interested Party ◽

Legal Consequence ◽

Credit Agreement ◽

Legal Consequences ◽

Insurance Agreement

Credit agreements are usually accompanied by a collateral agreement and an insurance agreement. This insurance agreement is a means of transferring risk for the bank, especially life insurance in the event of a debtor's death, besides credit can also fall to the heirs if the debtor dies before paying off the remaining credit. This study aims to analyze the legal consequences of the Bank's Credit Agreement in the event that the Debtor dies and to find out the responsibility of the Insurance Party for the Bank's Credit Agreement in the event the Debtor dies. This study uses a normative research method with a statutory approach and a conceptual approach. The results show that the legal consequence of the credit agreement in the event that the debtor dies, there are two possibilities, namely that the credit goes to the heirs as regulated in article 833 of the Civil Code (Burgerlijk Wetboek) or the guarantee is executed by the bank, and the second possibility is that the credit is written off due to a life insurance clause or a life insurance agreement with a banker's clause, which means that the insurance company must be responsible for paying off the remaining debts of the debtor who died according to the terms and conditions of the policy, otherwise the interested party can file a summons to sue the insurance company. From this, the conclusion is that the parties must fully understand the contents of the credit agreement made, so that later if this risk occurs, there will be clarity on the payment of the debtor's remaining debt.

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The principle of good faith and fair dealing in English contract law

Pravovedenie ◽

10.21638/spbu25.2020.301 ◽

2020 ◽

Vol 64 (3) ◽

pp. 312-325

Author(s):

Jan Halberda ◽

Keyword(s):

Civil Law ◽

Contract Law ◽

Civil Code ◽

Good Faith ◽

Traditional View ◽

Comparative Approach ◽

England And Wales ◽

Fair Dealing ◽

Objective Sense ◽

English Law

Given that continental civil law scholarship applies the concept of good faith in either a subjective (honesty in fact) or objective sense (good faith and fair dealing), the present article focuses on the latter one. The traditional view in England and Wales discards the recognition of a general principle of good faith and fair dealing in English law. English courts have adopted a piecemeal solutions approach (as shown by the judicial decisions issued in Interfoto Picture Library (1987) and Walford v. Miles (1992)). Meanwhile, the principle in question, along with the concept of the freedom of contract, is one of the most important principles of the continental civil law tradition (cf. art. 1104 of the French Civil Code, § 157, § 242 of the German Bürgerliches Gesetzbuch, art. 2 (1) of the Swiss Zivilgesetzbuch, art. 6:2 Burgerlijk Wetboek, art. 5 of the Polish Civil Code, art. 2 (1) Common European Sales Law, art. 1:201 Principles of European Contract Law, art. III1:103 Draft Common Frame of Reference). The current work analyzes recent English case law (in particular Yam Seng (2013)), which seems to acknowledge the principle of good faith and fair dealing while rejecting the traditional view mentioned above. The comparative approach — references to American, and Commonwealth law, as well as to that of particular European states — is taken into account. The author claims that hostility to the concept of good faith in an objective sense in English law is superficial. One may expect that in the near future courts in England and Wales will follow the path taken by courts in the United States (§ 205 of the Restatement (Second) of Contracts (1981)), Australia (Renard Constructions (1992)) and Canada (Bhasin v. Hrynew (2014)), and they will finally recognize good faith as an underlying principle.

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The Priority Distribution of Wealth the Debtor’s Bankrupt (Boedel Bankruptcy) Towards Separatist and Preferential of Creditor Based on Principles of Fairness and Legal

The Southeast Asia Law Journal ◽

10.31479/salj.v2i1.66 ◽

2018 ◽

Vol 2 (1) ◽

pp. 1

Author(s):

. Yuhelson ◽

. Maryano

Keyword(s):

Civil Law ◽

Secondary Data ◽

Civil Code ◽

Bankruptcy Law ◽

Community Life ◽

Legal Research ◽

Distribution Of Wealth ◽

Colonial Legacy ◽

The Law ◽

Principles Of Justice

Indonesia modern civil law development lasted to align with community life progress. In 1998 made bankruptcy laws reform of colonial legacy, which was revised in 2004 by Law No. 37. Additionally, the bankruptcy law instruments sourced on the Civil Code and some other provisions. After the court decision on bankruptcy declaration, bankruptcy process was arrangement and distribution of wealth the debtor’s bankrupt (boedel bankruptcy) by curator. So far, the difficulty legal curator instrument cared and settled bankruptcy estate. The prioritization of splitting on the preference and separatist creditor. This research was classified as a normative legal research. Basically, the research based on secondary data. The research conclusion, first, completion of settlement the boedel bankruptcy arranged which reflected in a series of activities that sequence according to the stages and institutionally involve the creditor committee, curator, and the supervisory judge; second, the principles of justice that could be applied in determining the division of boedel bankruptcy to creditors, particularly the preferred and separatist creditors, namely the principle of pari passu and pro rata, the principle of balance, the principle of proportional, and the principles of fairness; third, instruments of Indonesia bankruptcy law consists of elements of civil law (Civil Code), bankruptcy law and suspension of debt payments (Act No. 37 of 2004), a variety of laws and regulations under the law, occasionally based on the policy elements. This condition reduces the level of security in the application of the law.Keywords: bankruptcy, boedel bankruptcy, preferred creditors, separatist creditors

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6. Domicile, nationality, and habitual residence

10.1093/he/9780198732297.003.0006 ◽

2016 ◽

Cited By ~ 1

Author(s):

Jonathan Hill

Keyword(s):

Common Law ◽

Civil Law ◽

International Agreement ◽

Habitual Residence ◽

Choice Of Law ◽

The World ◽

Permanent Home ◽

English Law ◽

The Law ◽

Personal Law

The object of jurisdictional rules is to determine an appropriate forum and choice of law rules are designed to lead to the application of the most appropriate law, the law that generally the parties might reasonably expect to apply. The test for recognition of foreign judgments is not dissimilar. A judgment granted by an appropriate forum should normally be recognised. The problem is one of ascertaining the connecting factor (or factors) which would best satisfy the criterion of appropriateness. With regards to personal connecting factors, there is little international agreement as to the appropriate test of ‘belonging’. In England and most common law countries, the traditional personal connecting factor is domicile, which loosely translates as a person's permanent home. One of the problems here is that domicile is a connecting factor which is interpreted differently in various parts of the world. In contrast, most of continental Europe and other civil law countries have traditionally used nationality as the basic connecting factor, especially for choice of law purposes; the personal law is the law of the country of which the person is a citizen. In some countries, including England, another connecting factor, habitual residence, has emerged. This is increasingly being used for the purposes of jurisdiction rules and in the law relating to recognition of foreign judgments. This chapter examines each of these personal connecting factors. Primary emphasis is laid on domicile and habitual residence as the two main connecting factors employed by English law.

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REGULATIONS FOR E-COMMERCE AGREEMENT ACCORDING TO ICT ACT AND TITLE III OF INDONESIAN CIVIL CODE

Diponegoro Law Review ◽

10.14710/dilrev.4.1.2019.76-88 ◽

2019 ◽

Vol 4 (1) ◽

pp. 76

Author(s):

Ery Agus Priyono ◽

Budiharto Budiharto ◽

Asri Hayyunniarizka Wulandari

Keyword(s):

Economic Growth ◽

Research Method ◽

Secondary Data ◽

Civil Code ◽

The Internet ◽

Great Contribution ◽

Normative Approach ◽

Title Iii ◽

Safety And Stability

As a fruit of technological telecommunication prowess that is the internet, e-commerce has unveil the barrier that obstructs economic growth due to the unnecessarily complicated conventional procedures of bureaucracy. Technological deveopment in telecommunication has a great contribution to the economic growth for which we should be thankful. Yet at the same time, it needs to be regulated in order to construct a condusive and viable climates for economic growth. This article intends to disclose the availability of regulations that can ensure the safety and stability of the economy and keep the investors, consumers and entrepreneurs in accordance with the Title III of Indonesian Civil Code. The research method of this paper is normative approach that is based on secondary data. The outcome of the research is we found out that e-commerce practices shall be subjected under paragraphs 1320, 1321, 1337, 1338 and 1339 of Indonesian Civil Code.

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KAJIAN YURIDIS PENGESAMPINGAN PASAL 1266 DAN PASAL 1267 KITAB UNDANG-UNDANG HUKUM PERDATA SEBAGAI SYARAT BATAL DALAM PERJANJIAN KREDIT PERBANKAN

Perspektif Hukum ◽

10.30649/phj.v17i1.84 ◽

2018 ◽

Vol 17 (1) ◽

pp. 65

Author(s):

Rocky Marciano Ambar ◽

Budi Santoso ◽

Hanif Nur Widhiyanti

Keyword(s):

Research Method ◽

Code Of Ethics ◽

Civil Law ◽

Banking System ◽

Civil Code ◽

Bank Credit ◽

Dominant Position ◽

Legal Implications ◽

Credit Agreement ◽

The Right

Banks in credit agreements use more standard agreements, standard contracts in 2 (two) things, (1) There is an unbalanced position between banks and debtors, banks that have a more dominant position and debtors. (2) There is an understanding of the principle of freedom of contracting and without limits. The Bank has the freedom to seek the form and content of the agreement. Code of Ethics in agreement. The provisions of the Civil Code provide types of compensation for parties. Based on the background, then for problems the problem is written (1). Does the inclusion of Article 1266 and Article 1267 of the Civil Code on the banking system have collected the principles of balance and justice. (2) What are the legal implications of the exclusion clause. The research method is normative juridical research. The result of this research is the neglect of civil law and the principle of compensation is the principle of balance. The basic principle according to Rawls is that it is unfair or more people. in the sense of "freedom of results", in other words. is the nature of the debtor in a bank credit agreement. For the legal implications of the clause that excludes Article 1266 and Article 1267 of the Civil Code concerning the right of the debtor to the debtor. Legal efforts in finding and resolving problems that cannot be made by a decision due to the imbalance of the parties in the agreement. For people who make changes, no party will be harmed.

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