Karakter Force Majeure Dalam Sewa Menyewa

Juwita, Wiwit Ratna (2019) Karakter Force Majeure Dalam Sewa Menyewa. Bachelor (S1) thesis, Wijaya Kusuma Surabaya University.

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Abstract

ABSTRACT Whereas in the lease agreement a clause concerning Force Majeure is included with the aim that the parties understand the limitations between the negligence caused by the parties themselves and the negligence that occurs due to forced conditions. Based on that, this legal research aims to find out and analyze the nature of Force Majeure in the lease agreement and risk management due to Force Majeure in the lease agreement. This legal research uses a normative juridical approach method based on the law and literature that supports it so that information is obtained that regulates and explains the characteristics of Force Majeure in the lease agreement. From various aspects of the review of the binding legal regulations The results of this study explain that a lease is an agreement, with which one party binds itself to provide enjoyment of an item to another party for a certain period of time, with payment of a price agreed by the latter party. Whereas Force majeure or often translated as "force situation" is a condition where a debtor is prevented from carrying out his achievements because an unexpected condition or event at the time of the contract is made, the condition or event cannot be accounted to the debtor, while the debtor is not in a state bad intention. Force majeure has 3 conditions. First, because of unexpected reasons (Article 1244 BW), which causes failure in carrying out the contract and is not included in the category of contract defaults. Second, because of a forced situation in which the debtor is considered to be in a force majeure state so that he does not need to be responsible for not carrying out the contract, if the contract is not fulfilled due to a forced condition (Article 1245 BW). Third, because each of these acts is prohibited, if it turns out that the act (achievement) that must be carried out by the debtor is apparently prohibited (by the applicable legislation), then the debtor is not subject to the obligation to pay compensation (Article 1245 BW). The conclusion is that the arrangement of force majeure in a force majeure compensation relationship is closely related to the problem of compensation from a lease agreement. Force majeure carries legal consequences for the loss or postponement of obligations to carry out the performance issued from a contract and also frees the parties to provide compensation due to non-performance of the relevant contract. Force majeure in the lease contract is contained in Article 1553 BW. The full reads: "if during the rental period, the item rented is completely destroyed because of an unintentional event, then the lease contract will be void by law" Keywords: Force major, agreement, lease

Item Type: Thesis (Bachelor (S1))
Uncontrolled Keywords: Keywords: Force major, agreement, lease
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Law Sciences Study Program
Depositing User: Wiwit Ratna Juwita
Date Deposited: 26 Sep 2019 07:28
Last Modified: 26 Sep 2019 07:28
URI: http://erepository.uwks.ac.id/id/eprint/5140

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