scholarly journals Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 441
Author(s):  
Indah Esti Cahyani ◽  
Aryani Witasari
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Freedom Of Contract ◽  
Related Statement ◽  
The Subject ◽  
The Law ◽  
Legal Consequences

Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.

scholarly journals ANALISIS YURIDIS PERJANJIAN PEMBIAYAAN KONSUMEN DAN AKIBAT HUKUM JIKA TERJADI WANPRESTASI DALAM PERJANJIAN PEMBIAYAAN KONSUMEN DI INDONESIA

2017 ◽  
Vol 3 (1) ◽  
pp. 32
Author(s):  
Umul Khair
Keyword(s):  
Research Methods ◽  
Open System ◽  
Logical Consequence ◽  
Criminal Code ◽  
Civil Code ◽  
Expected Loss ◽  
Freedom Of Contract ◽  
General Terms ◽  
The Law ◽  
Legal Consequences

In Article 1329 of the Civil Code, the agreement is divided into 2 (two) kinds, namely the named agreement (nominaat) and unnamed agreement (innominaat). Contracts or agreements develope at this time as a logical consequence of the development of business cooperation between business actors. In a treaty there is one part bind itself to another part. Consumer financing is an agreement not specifically regulated in the Civil Code, but since the book III of the Civil Code embraces an open system, parties may enter into agreements not specifically regulated in the Civil Code. The consumer financing agreement as an Innominaat agreement is also subject to general terms of agreement. In this study using normative research methods, where the authors can examine and can also learn the norms contained in legislation or norms that regulated the principle of freedom of contract according to the Civil Code so that in its implementation in accordance with applicable regulations. The results show how the implementation of consumer financing agreements in Indonesia and how the legal consequences in case of default in consumer financing agreements. First, basically the consumer financing agreement in Indonesia is conducted like other agreements in general. Consumer Financing Agreement is not like a sale or purchase agreement or a lease, but the consumer financing agreement is a combination of both applicable by the parties exercising the rights and obligations in the agreement as described above. Second, the result of the law in case of default, the agreement does not need to be requested for cancellation, but by itself has been null and void, but the provisions of Article 1266 paragraph 2 explain that the consequences of the law of default are not null and void, but must be annulled to the judge. Subsequently Article 1244- Article 1252 of the Criminal Code describes the compensation for default, namely, by paying the actual losses suffered, the fees used, and allowed to cease the expected loss of profits.

scholarly journals Civil Means and Methods of Environmental Harm Prevention (the Case Study of Regional Trial)

2019 ◽  
pp. 18-30
Author(s):  
Tatiana Letuta
Keyword(s):  
Environmental Protection ◽  
Civil Law ◽  
Civil Code ◽  
Environmental Harm ◽  
Civil Protection ◽  
Wide Range ◽  
The Subject ◽  
The Law ◽  
Harm Prevention

The object of the research is civil relations arising in the process of environmental harm prevention. The subject of the research is the standards of civil law and regional trials as well as researches. The author of the article pays special attention to answering the question whether Article 1065 of the Civil Code of the Russian Federation establishes environmental protection means as fully as possible, what means of civil protection can be used by complainants and whether the structure of Article 1065 of the Civil Code is efficient enough. Based on the research objectives, the author of the article has used such research methods as systems analysis allowing to cover a wide range of materials and to discover gaps and inconsistencies of references rules in The Law On Environmental Protectino and Civil Code as well as analysis and generalisation to work with trial materials and to make conclusions. The main conclusinos of the research are the following provisions. There is no direct mechanism for the implementation of provisions of The Law on Environmental Protection through Civil Code rules. Thus, the author offers better ways of implying civil means including protection of estates and property rights. Letuta offers her own variant of civil protection means that can be used to prevent environmental harm in certain cases. The author also gives her own variants of amendments and changes in the civil law that would ensure better implementation of the provisions of Articles 34, 56 and 80 of The Law on Environmental Protection. 

scholarly journals Likums runā latviski: cīņas par juridisko valodu “Tieslietu Ministrijas Vēstneša” lappusēs

2021 ◽  
pp. 370-377
Author(s):  
Dina Gailīte ◽  
Keyword(s):  
Public Administration ◽  
Legal System ◽  
Civil Law ◽  
Criminal Code ◽  
Civil Code ◽  
The State ◽  
Penal Law ◽  
The Law ◽  
State Language

Until the establishment of the Latvian state, the Latvian language was not used in public administration, laws, and the legal system. After the establishment of the state, the Latvian language became the state language, and there was an urgent need to develop terminology in numerous spheres, including justice. The authors of the publications of the law journal “Tieslietu Ministrijas Vēstnesis” (Journal of the Ministry of Justice) actively participated in this process. The discussions about terminology of two major codes, the Penal Law (Criminal Code) and the Civil Law (Civil Code), were particularly extensive.

scholarly journals Preliminary Agreement Deed of Sale and Purchase Agreement (PPJB) on Houses through House Ownership Loan (KPR) Still in the Form of Pictures

2019 ◽  
Vol 6 (4) ◽  
pp. 175
Author(s):  
Syarifah Hijriyani ◽  
Salim HS ◽  
Muhaimin Muhaimin
Keyword(s):  
Home Ownership ◽  
Civil Code ◽  
Good Faith ◽  
Court Decisions ◽  
Legal Certainty ◽  
Legal Research ◽  
Mortgage Loans ◽  
Freedom Of Contract ◽  
Building System ◽  
Legal Consequences

The Research Objective is First To analyze the legal certainty of the Act of Sale and Purchase Agreement (PPJB) on houses through Housing Ownership Credit (KPR) which is still in the form of images. The second is to analyze the legal consequences of the Sale and Purchase Agreement (PPJB) deed for housing through mortgage loans that are still in the form of images.The type of research used by authors is normative research. Normative legal research is legal research that places law as a building system of norms. The norm system in question is regarding principles, norms, rules of law and regulations, court decisions, agreements and doctrines (teachings). By using an approach: Statutes Approach, Case Approach, Conceptual Approach.The results of the study that the certainty of PPJB in home ownership loans is still in the form of images is valid for the parties even though the PPJB is not regulated in the Civil Code, but the PPJB is valid as long as it meets the requirements as an agreement; not prohibited by law; in accordance with prevailing habits; as long as the agreement is implemented in good faith, the PPJB is valid and applies to both parties because it is an implementation of the principle of freedom of contract. The legal consequences of the Deed of Agreement on the Sale and Purchase Agreement (PPJB) on home ownership loans are still in the form of drawings which are the rules of both parties that must be obeyed and implemented. The deed of sale and purchase agreement can take two positions depending on how the Sale and Purchase Agreement (PPJB).

The Anatomy of the New French Law of Contract

2017 ◽  
Vol 13 (4) ◽  
Author(s):  
Genevieve Helleringer
Keyword(s):  
Contract Law ◽  
Civil Code ◽  
Good Faith ◽  
Actual State ◽  
French Law ◽  
Freedom Of Contract ◽  
Binding Force ◽  
The Law ◽  
Accurate Reflection

AbstractSince their enactment in 1804 as part of the French civil Code, the provisions relating to contract law had, until recently, remained almost untouched. That is not to say that the law of contract had not altered, but rather that the text of the Code was no longer an accurate reflection of the actual state of the law as interpreted by the courts. An extensively restructured and modernized version came into force on 1st October 2016. In an attempt to map the new French law of contract, this paper first seeks to evaluate the robustness of the guiding principles set out in the Code. By analysing how these principles are applied to the formation, interpretation and enforcement of contracts, the paper concludes that freedom of contract and good faith emerge strengthened by the reforms, while the binding force of contract has become more qualified. The paper also highlights the existence of less obvious but important trends relating to the parties’ behaviour and to the role of the judge. It demonstrates how unilateralism, anticipation, and equity are implicit core ideas lying behind many of the new rules.

scholarly journals Protection of civil property rights in case of recognition of the contract as not concluded

2021 ◽  
Vol 2 (20) ◽  
pp. 3
Author(s):  
O. A. Surzhenko
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Civil Law ◽  
Procedural Law ◽  
Judicial Practice ◽  
Legal Nature ◽  
The Law ◽  
The Right ◽  
Legal Consequences

The article examines the problems of protecting civil property rights, one of the ways of which is to recognize the transaction as invalid. When analyzing this method of protection, violations by a transaction of the conditions of its action, the legal nature of invalid transactions, individual grounds and legal consequences of their invalidity are considered. Transactions that have certain drawbacks, and therefore do not meet the conditions that make the person’s actions legitimate, closely intersect with other actions that also do not lead to the purpose for which they were committed. These are not concluded contracts. The plane of intersection of these actions is quite significant, and the criteria for their delimitation are not regulated in the law, but in judicial practice are sometimes worked out contradictory. This applies to non-compliance with the requirements for the form of the transaction (in particular, the signature of the person), essential conditions, and other provisions of the law.Protection of civil rights is one of the most important categories of the theory of civil and civil procedural law, without clarification of which it is very difficult to understand the nature and characteristics of civil sanctions, the mechanism of their implementation and other issues arising in connection with the violation of civil rights. It is noted that the originality of regulatory civil law is that it arises from legitimate legal actions and is aimed at satisfying any property need. The force of coercion gives it the ability to be provided with legal measures. The right (entitlement) to protection in regulatory legal relations is one of the transactions of any subjective civil law, according to which the rightholder can, in the event of violation of the right, make a demand for the protection of the violated civil law

scholarly journals The application of good Faith principle of precontract in common law and civil law contry

2021 ◽  
Vol 10 (16) ◽  
pp. e139101623621
Author(s):  
Rizky Febri Dewanti ◽  
Pujiyono Pujiyono ◽  
Yudho Taruno Muryanto
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Law System ◽  
Library Research ◽  
Legal Implications ◽  
The Common ◽  
Civil Law System ◽  
Legal Consequences

In Indonesia, development of application of good faith principle in legal agreement focuses on the application of Civil Code (KUHPerdata) where scope is still placed on the implementation of agreement. It is as if Civil Code has not recognized the existence of good faith principle at  pre-contract stage. In comparison, according to modern agreement theory that parties who suffer losses in pre-agreement/contract stage or at  negotiation stage, their rights also deserve to be protected. Thus, pre-agreement/contract promises will have legal implications for those who violate them. This will be seen in countries that have common law and civil law systems. An important issue in this case relates to the principle of good faith at the pre-contract stage which creates a gap with the provisions in the legislation. To analyze these problems, legal research was conducted with the black-letter law paradigm. Technique of collecting legal materials in this research used library research. Legal materials are analyzed deductively and utilize the method of interpretation (hermeneutics). Results showed that the application of the principle of good faith at the pre-contract stage in Common Law and Civil Law countries had differences. In the Civil Law system, good faith is highly emphasized in the stage of contractual negotiation. Whereas in the Common Law system, it prioritizes efforts to restore rights of aggrieved party in pre-contract stage. Parties who do not have good faith at the pre-contract stage have legal consequences for cancellation of the agreement.

scholarly journals PENERAPAN BATAS-BATAS WANPRESTASI DAN PERBUATAN MELAWAN HUKUM DALAM PERJANJIAN

2016 ◽  
Vol 3 (2) ◽  
pp. 280
Author(s):  
Sedyo Prayogo
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Legal Issues ◽  
Clear Distinction ◽  
Court Decisions ◽  
Contractual Relationship ◽  
The Law ◽  
Relationship Of ◽  
The Relationship ◽  
Legal Consequences

The Act of the Civil Law makes a clear distinction between the engagement that is born of the agreement and engagement that is born of the legislation. The legal consequences are born of an engagement agreement is desired by the parties, because memng agreement based on the agreement that a rapprochement between the parties will make arrangements. While the legal consequences of an engagement that is born of a statute may not be desired by the parties, but the relationship of law and the legal consequences prescribed by law. Legal issues that arise in case there is a contractual relationship between the parties and the event of default can filed a lawsuit against the law. Based on the identification and analysis, the authors conclude that the draft Civil Code distinguishes between tort lawsuit is based on the contractual relationship between the Plaintiff and the Defendant and tort claims where there is no contractual relationship between the Plaintiff and the Defendant. Developments in the practice of court decisions indicate that a shift in the theory because of the contractual relationship between the Plaintiff and Defendant did not preclude the filing of a lawsuit against the law.

scholarly journals Granice cywilnoprawnego obowiązku zapobiegania szkodom grożącym wskutek ruchu zakładu górniczego — studium przypadku

2021 ◽  
pp. 1-17
Author(s):  
Ryszard Mikosz
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Critical Assessment ◽  
Plant Operations ◽  
Mining Law ◽  
The Subject ◽  
The Law ◽  
Theoretical Considerations ◽  
Mining Plant

The subject of the considerations contained in the article is the analysis of selected issues related to the legal regulation regarding the civil law obligation to prevent damage that may result from mining plant operations. It is about the regulations contained in the Act of June 9, 2011, Geological and Mining Law, and to a certain extent also in the Act of April 23, 1964, the Civil Code. This analysis includes not only theoretical considerations, but also refers to the practice of applying the law. It contains a discussion and a critical assessment of the Supreme Court’s judgment of February 20, 2018.

scholarly journals SUCESSÃO NA UNIÃO ESTÁVEL: A INCONSTITUCIONALIDADE DO ARTIGO 1.790 DO CÓDIGO CIVIL

2021 ◽  
Vol 9 (205) ◽  
pp. 1-22
Author(s):  
Estefany Laia Silvano
Keyword(s):  
Legal System ◽  
Family Formation ◽  
Common Knowledge ◽  
Civil Code ◽  
Current Understanding ◽  
Scientific Article ◽  
The Subject ◽  
The Law

This scientific article aims to demonstrate, through an exploration of the types of family formation in Brazil, the succession rules related to spouses and partners. The discussion consists in the fact that the constitutional legislator has equalized both institutions before the law, attributing to the stable union the position of a family entity, which, mistakenly, is contradicted by the infraconstitutional legislation, regarding, mainly, the regulation of inheritance rights. of companions. Thus, this scientific article will be based on a comparison between the institutes of stable union and marriage, in addition to highlighting doctrinal positions and jurisprudence on the subject, in addition to differentiating each type of family entity. It is common knowledge that there is a hierarchy in the legal system between legal institutes, in which infraconstitutional laws must be in accordance with the Greater Law. However, the Civil Code of 2002 tried to contradict several contemporary constitutional elements of the concept of family, considering that in its article 1790, it regulated the succession of the partner in an unconstitutional way, unfairly supporting the relationships of affection foreseen in the current family. , giving preference to biological ties, contrary to the current understanding of family

Sign in / Sign up

Export Citation Format

Share Document