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431x Tipe PPT Ukuran file 0.59 MB
1. About Of Commitment And Resources
Book III B.W. titled "About the Alliance." The
word "alliance" (verbintensi) has a broad
meaning of the word "Agreement," for the
book III, the set is also about relationships,
neither law sourced in an agreement or
contract, that matters arising alliance from
acts in violation of the law (onrechtmatige
DAAD) and the description of the alliance that
arise from the management interests of others
that are not based on consensus or
agreement.
Engagement
"The Alliance" by BW's Book III, are: A relation
of the law (on wealth property) between the
two, which gives rights to which one to
demand anything from others, while the other
person is required to satisfy the claim.
Book II: (Sets the description of the legal
relationship between persons and things stock
rights).
Sources Engagement
According to Article 1233 Civil Code KUHPdt, the
alliance can arise because of an agreement or law.
According to Article 1352 Civil Code KUHPdt
alliance arising from the Law to be refned further
into two, that the alliance has arisen because of
Law and alliances that arose only because of men.
According to Article 1353 Civil Code KUHPdt
further refned into an alliance which arise
because human beings under the law by
opponents of the law.
Article 1233 KUHPdt out there alliance resources,
a. verdict
b. moral
2. Book III System B.W.
Book III B.W. consists of a general part and a
part specially section contains general rules
applicable to the general engagement, for
example about how the birth and the abolition
of the engagement, a variety of engagements
and so forth. A special section contains rules
in the agreement that is widely used in society
and who already have a specifc name, such
as sale and purchase, lease, contract labor,
maatschap, giving (schenking) and so on.
Book III, the desperate embrace of "freedom"
in terms of an agreement (beginsel der
contractsvrijheid). This principle can be
inferred from Section 1338, any agreement
made legally valid as a law for those who
make it.
System adopted by the Book III is also
commonly called the system "open" which is
the opposite of that adopted by the Book II
about object law. Where people are not
allowed to make or appoint another object
rights, other than those adopted in the BW
own. There followed a system of "closed".
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