Ruata, Dhimas Nur Muhammad (2023) KEDUDUKAN HUKUM KEADAAN TIDAK HADIR (AFWEZIGHEID) DALAM TRANSAKSI JUAL-BELI SAHAM (STUDI KASUS KANTOR BALAI HARTA PENINGGALAN SURABAYA). Undergraduate thesis, UPN Veteran Jawa Timur.
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Abstract
Problems in the civil aspect today are increasingly diverse and complex, so comprehensive regulations are needed to fulfill all civil rights of humans as one of the subjects of civil law. Determination of the Surabaya District Court with registration number No. 123/Pdt.P/2021/PN. Sby determined that a shareholder is absent (afwezigheid) where the assets owned are in the form of shares. The condition of being absent cannot be said to be death. The Civil Code emphasizes that there is no form of punishment that can result in a person losing their civil rights, so that even though the legal subject has existentially disappeared, they have civil rights which must still be fulfilled and protected. This research aims to determine the effects of shares and determine legal protection for people who are declared absent (afwezigheid) in buying and selling shares. The method used in this research is a normative research method, namely research carried out using library materials related to a conceptual approach and a statutory approach which focuses on solving problems based on the provisions of statutory regulations and the doctrines of scholars. The results of this research are that the result is that the conditions for the transfer of rights to shares cannot be implemented, so in order to protect the rights of those who are absent, it is necessary to determine afwezigheid by the local District Court which then appoints the Inheritance Hall as bewindvoerder to carry out management of people who are absent.
| Item Type: | Thesis (Undergraduate) | ||||||||
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| Subjects: | K Law > K Law (General) | ||||||||
| Divisions: | Faculty of Law > Departement of Law | ||||||||
| Depositing User: | Dhimas Nur Muhammad Ruata | ||||||||
| Date Deposited: | 27 Sep 2023 10:04 | ||||||||
| Last Modified: | 27 Sep 2023 10:04 | ||||||||
| URI: | http://repository.upnjatim.ac.id/id/eprint/18237 |
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