CREDIT AND LIFE INSURANCE AGREEMENTS

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BANK CREDIT AGREEMENT WITH LIFE INSURANCE A.   Agreements in General1. Understanding of the Agreement

In the title of The Second Chapter of Book III KUH. Civil regarding the engagements born according to “Contract or agreement”, it is clear that “consent” is the same as “contract” when intended “deed”. In Indonesia there is still another word that poly used the same is to use “agreement” or “contract” is “agreement”. So there are 3 words that are the same meaning is agreement, contract and agreement. [1]

Even in the Civil Code using the word “consent”, but R.Subekti in his book states:[2]

“An agreement is also called an agreement because the two parties are unanimous decisions to do something. It can be said that the two words (covenant & agreement) are the same. The word contract is narrower because it is addressed to a written agreement or agreement.”

Article 1313 kuh. Civil put the definition of consent which reads as follows:

“An agreement is an act by which one or more person binds himself to one or more others.”

Formulation of article 1313 kuhp. The civil was incomplete and also very broad. The word deed must be interpreted as a legal act, and add the word “or bind each other” to article 1313 of the Kuh. Civil. Consent is an act of law, in which one or more person binds himself or binds himself to one or more others. [three]

Regarding the definition of the agreement, R.Subekti conveyed:[4]

“An agreement is an event in which a person promises to someone else or where two people promise each other to do something.”

Book III KUH. Civil regulates the discourse of interactions between people and people (individual rights) although it may be as an object or an object.

To be able to understand the meaning of alliances and agreements, it is first mandatory to know the differences in the use of the words “Verbintenis” and “Overeekomst”.

The word “Verbintenis” in Indonesian translated using three words, namely: Alliance, Hand, & Covenant. For “Overeekomst” two words are used, namely: Agreement and agreement.

Verbintenis is based on verbinden verb which is binding, so here signifies the existence of a bond & relationship, which is a bond between one party using the other party where each is bound to its rights & obligations. While the original Overeekomst according to the working term Overeenkomen which is an agreement or unanimous decision, so it contains the word unanimous decision in sync using the principle of consensualism, that is, basically, agreements and engagements arise because it has been born in the framework of the convention. For this the author tends to use the same covenant word is with the approval of the translation of the term Overeenkomst. [5]

Even though the Civil Code uses the title “About engagements”, but there is no one article that reveals what exactly is meant using attachments.

Regarding the definition of engagement based on the opinions of scholars, among others are:R.M. Suryodingrat [6]

“Engagement is a bond in the field of property rules between 2 or more people where one party is entitled to something and the other party is obliged to carry it out.Pitlo [7]

“An alliance is a property relationship between two or more people on the basis of which one party is entitled (creditor) and the other party is obliged (debtor) for something achievement.”R.Subekti[8]

“An alliance is a legal relationship (regarding property) between two persons who are members of the right of one to demand something according to the other, while the other person is obliged to meet that demand.”

According to Article 1233 kuh. Civil, an alliance can be born from an (agreement) or from a law. And the alliance born of the law is detailed again, that is, the alliance born according to the law only and which is born from the law because of the actions of concrete people or an event. Where the born are divided, namely actions according to the law and acts against the law.

The existence of 2 parties to the alliance and the agreement are subjects to the engagement & agreement. Creditors or cyberhutang is the party who has the right to demand something while the debtor or siberhutang is the party who is obliged to meet the demands. The relationship between the two parties is a legal relationship, if the demands are not met can be demanded in advance of the rules.

From the agreement there will be a legal relationship between the two parties called the alliance, as a result of which it can be said that the agreement issued an alliance. Thus it can be concluded that the disparity of engagement with the agreement is an agreement that is an abstract understanding, while the agreement is a concrete thing.2. The Legal Terms of the Agreement

For the shahnya agreement is regulated in article 1320 of the Civil Code, namely:Agreed they tied him up.Able to make a pact.About a certain thing.Causa is halal.

Agree or be called a permit, that to the 2 parties. In one covenant must have a free will to bind oneself to another. This will can be expressed using firmly or secretly. This free will is considered non-existent if the agreement occurs due to coercion (dwang), error (dwaling), or fraud (bedrog).

For the person who creates a covenant must be capable of the law, which is that every adult is healthy in mind. Some groups of people of the law are declared “incapable” to do their own legal deeds. They are minors, people under supervision (curatele) and married women (article 1130 kuhp. Civil).

What is promised in an agreement must be an exclusive thing or an item that is quite obvious or certain, is what is promised the rights & obligations of both parties in the event of a clear dispute. The goods referred to in the agreement must be at least affected.

Causa is the purpose according to the agreement, which is what both parties want to use to enter into the agreement. In other words, causa means the content of the agreement itself. A non-governmental agreement using causa or with a false causa has no power. Causa who conflicts using law, order or decency are not allowed.

Of the four conditions of the shahnya an agreement above, it must be validly fulfilled and obeyed in creating a covenant. If the first & 2nd condition (subjective condition) is not fulfilled then the agreement can be canceled, it is an error that one party may request in the judge that the agreement be canceled. Whereas if the third and fourth conditions (objective conditions) are not fulfilled then the agreement is void by rule is since the beginning never born a covenant.three.    Principles of agreement

What is meant by principle is a background based on a concrete rule. Some of the principles of the agreement as stipulated in the Civil Code are as follows:[9]Contract law is a governing rule

As it is known that the law can be divided into two parts, namely:

1) Forced law (dwingend recht, mandatory law), and

two) Governing law (aanvullen recht, optinal law).

The law regarding contracts in principle belongs to the rules governing. That is, the new rule applies as long as the parties do not regulate it otherwise. If the parties to the contract regulate it in another way than stipulated in the rules of the contract, then what applies is what is regulated by the parties themselves.Principles of contract freedom

One of the principles in contract law is: the principle of freedom of contract. This means that the parties are free to make a contract and arrange the contents of the contract themselves, as long as they meet the following conditions:

1) Fulfill the conditions as a contract, &

two) It is not prohibited by the law, and

three) In accordance with the applicable habits, and

4) As long as the contract is executed in good faith.

This principle of freedom of contract is a reflection based on the open system (open system) according to the law of the contract.Asas pacta sun servanda

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