Karya Ilmiah

DISERTASI (0089) - Prinsip Itikat Baik Dalam Perjanjian Pengikat Jual Beli Hak Atas Tanah

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Contract (agreement) has become legal needs of society in legitimizing
private legal relationship among the legal subjects. Good faith as a principle in
binding sale and purchase agreement of land rights still cause problems, related to
the meaning of good faith and its abstractness application functions in good faith
to resolve the dispute binding sale and purchase agreement of land rights.
Based on these problems, the researchers conducted an analysis of court
decisions to find the general rules of good faith that guide judges in assessing and
deciding a case. The approach used in this study is the approach of law (statute
approach), conceptual approaches, and the case approach.
Based on the results of the study found that Justice is the basic substance
of the principle of good faith in the assessment of the underlying contractual
relationships undertaken by the parties to the SPA land rights, by using objective
and subjective standards proportionately. Meaning of good faith in the execution
of SPA land rights refers to the subjective and objective good faith. CSPA
function in good faith in the land rights associated with the function of teaching
that the agreement should be interpreted in good faith (aanvullende werking van
de goede trouw), add to or complement function, and the function of limiting or
negating (beperkende en derogerende werking van de goede trouw). The
application of good faith in the case of land rights CSPA, found general rule,
namely: Buyers are acting in good faith should have legal protection; the buyer
cannot be qualified as a good faith purchaser, because careless; considered not
acting in good faith if the purchase is carried out only pretended to be; considered
a good faith implementation of the agreement if done legally and in accordance
with procedures; the parties have been in default does not qualify as a good faith
purchaser; buyers who have not paid the price of land and has been doing behind
the name of the object of the agreement is categorized as a buyer bad faith;
considered not acting in good faith and those who carry out the agreement
controls the land / buildings without legal title; is not considered a good faith
party who has committed an illegal act; buyer is considered having a good faith if
the buyer has paid off the installment payable before being claimed by seller.

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Ketersediaan

031170119

0089

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

0089

Penerbit

Surabaya : Fakultas Hukum Unair., 2014

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERJANJIAN

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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