scholarly journals Keagenan Bank dalam Perspektif Common Law System

2016 ◽  
pp. 175-187
Author(s):  
Andika Persada Putera

The rapid development of the national economy and banking external environment, causing banking activities not only engage in activities that are primary (core business), but also non-core business such as agency activities as Mutual Fund Sales Agent (APERD) and Bancassurance. In the concept of the common law system, the agency as the center of all business affairs as a business owner can not do your own business, so delegating affairs to agents as a mediator. There is a legal relationships and trust (fiduciary relationship) between the principal and the agent acting on behalf principal. In addition, there is an element of supervision of the principal to the agent so that the agent must comply under the supervision of the principal. Supervision is an essential element that determines the existence of an agency relationship, so it is a vertical relationship between principal and agent. The principal control components in the form of action directives, orders, limitation of power agents and monitoring the agent's action

2017 ◽  
Vol 16 (2) ◽  
pp. 175
Author(s):  
Andika Persada Putera

<p><em>The rapid development of the national economy and banking external environment, causing banking activities not only engage in activities that are primary (core business), but also non-core business such as agency activities as Mutual Fund Sales Agent (APERD) and Bancassurance. </em><em>In the concept of the common law system, the agency as the center of all business affairs as a business owner can not do your own business, so delegating affairs to agents as a mediator. There is a legal relationships and trust (fiduciary relationship) between the principal and the agent acting on behalf principal. In addition, there is an element of supervision of the principal to the agent so that the agent must comply under the supervision of the principal. Supervision is an essential element that determines the existence of an agency relationship, so it is a vertical relationship between principal and agent. The principal control components in the form of action directives, orders, limitation of power agents and monitoring the agent's action.</em><strong></strong></p>


Yuridika ◽  
2014 ◽  
Vol 29 (3) ◽  
Author(s):  
Andika Persada Putera

Rapid development of the national economy and banking external environment, such as non-bank financial institutions, capital markets, securities companies, insurance as well as the needs of the people, are causing the services and banking products also developed and varied. Banking activities not only engage in activities that are primary (core business), but also non-core business such as agency activities as Mutual Fund Sales Agent (APERD) and bancassurance. The implementation of bank agency, when the transaction is done and the position of non-bank products principals is represented by the bank as a sales agent, the principal responsibility for third-party funds invested in investment products belongs to the principal. However, all forms of relations and communications between the principal with a third party at a bank as an agent or intermediary for both parties.Keywords: bank, bank agency, investment.


Author(s):  
William E. Nelson

This chapter shows how common law pleading, the use of common law vocabulary, and substantive common law rules lay at the foundation of every colony’s law by the middle of the eighteenth century. There is some explanation of how this common law system functioned in practice. The chapter then discusses why colonials looked upon the common law as a repository of liberty. It also discusses in detail the development of the legal profession individually in each of the thirteen colonies. Finally, the chapter ends with a discussion of the role of legislation. It shows that, although legislation had played an important role in the development of law and legal institutions in the seventeenth century, eighteenth-century Americans were suspicious of legislation, with the result that the output of pre-Revolutionary legislatures was minimal.


1993 ◽  
Vol 23 (4) ◽  
pp. 308
Author(s):  
Shaik Mohd Noor Alam S.M. Hussain

Malaysia dan Indonesia memiliki persamaan dan perbedaan dalam sistem hukum. Keduanegara mengenal Hukum Islam dan Hukum Adat. Namun berkenaan dengan hukum Baratmaka Malaysia menganut "Common Law System ", sedangkan Indonesia negeri yangdimasukkan dalam "Civil Law System ". Karangan berikut ini mencoba memperbandingkansahnya suatu perjanjian menurut hukum "Common Law" Malaysia dan "Civil Law" Indonesia. Terlihat adanya perbedaan dalam unsur-unsur yang harus dipenuhi untuk sahnya suatu perjanjian di kedua negara tersebut.


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