Determination of Non-Performance of Contract in an Orally Made Loan Agreement Without an Agreement on a Return Period in Terms of Contract Law

DOI

10.2991/assehr.k.211203.067How to use a DOI?

Keywords

Contract of Law; Non-Performance Contract; Oral Agreement

Abstract

The agreement is an activity that cannot be separated from life Public. Through community agreement very helpful in doing everything business-related activities. Whether buying and selling, borrowing, employment agreements, and other business ventures who need an agreement, people often make oral agreements because they are based on a belief system. The parties already trust each other even though the agreement is made unwritten and there are no other supporting letters. Nevertheless, a legal problem frequently occurs between the parties who make a Loan Agreement orally without an agreement on a return period, especially on the debtor in a state of Non-Performance of the Contract. The normative legal research method (normative juridical) collected the secondary data and a relevant statute to answer this legal problem. The result showed that the Oral agreement has legal force. The validity of the agreement is regulated in article 1320 of the Civil Code. One of the Non-Performance of Contracts elements is the non-fulfillment of Performance exceeding the specified return period. According to the principle of legal certainty, to determine the return period in an oral agreement, one must look at the available evidence, and special arrangements are needed to determine the return period of an oral agreement.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Lulus Purna Malintang
PY  - 2021
DA  - 2021/12/03
TI  - Determination of Non-Performance of Contract in an Orally Made Loan Agreement Without an Agreement on a Return Period in Terms of Contract Law
BT  - Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)
PB  - Atlantis Press
SP  - 301
EP  - 304
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211203.067
DO  - 10.2991/assehr.k.211203.067
ID  - Malintang2021
ER  -