Karya Ilmiah

DISERTASI (160) - Karakteristik Kontrak jual Beli Kapal

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This research aims to analyze and find out the characteristics of ship sell
and purchase contract through the involved parties in mechanism of shipbuilding
and sell and purchase of second-hand ship and also contract clause in sale form
based on the sell and purchase legal regulation. This research is expected to give
overall view and analysis development upon legal relationship of the parties in
ship acquisition including legal principles appeared in the legal relationship and
liability of the parties in ship sell and purchase contract based on the clause in
sale form and the legal principles shown in. The legal issues from this research
are: (a) legal relationship of the parties in ship acquisition mechanism; and (b)
the liability of the parties in ship sell and purchase contract.
Analysis of the legal relationship of the parties in the ship acquisition
mechanism is based on the contractual relationship of the parties, the role and
authority of each party in the ship acquisition including the relevant rule of law.
In the analysis of the liability of the parties in the ship sell and purchase contract
then it will be based on the discussion of the principal clauses of sale form. The
type of this research is normative juridical with approach to statute, conceptual
and legal comparison. The result of this research is a contractual relationship
reflects the characteristics of each of the parties involved so that without a
contract with the service provider or service profession the main contracts can
not be run properly. Under the rules of sell and purchase by BW, SGA 1979, NBW
and the Japanese Code Civil relating to clause of sale form it appears the
differences regarding the arrangements for the inspection of goods and the
transfer of risk. The compensation for breach of contract action should be
proportionate to the harm caused. Demands for the actions of tort by the service
profession can be performed during provable that there is lack of prudence, skill,
knowledge and appropriate skills and the existence of a causal relationship
between the losses suffered by the act of service profession.

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Ketersediaan

031070503

160

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

160

Penerbit

Surabaya : Fakultas Hukum Unair., 2017

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

160

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HAK ATAS TANAH

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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