Batasan Perjanjian Perkawinan Berdasarkan Kitab Undang-Undang Hukum Perdata

Zulkarnain, Steven Agilo (2024) Batasan Perjanjian Perkawinan Berdasarkan Kitab Undang-Undang Hukum Perdata. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Marriage agreement is an agreement made by a husband and wife as the main parties, because the formation of a marriage agreement must be based on the marital relationship. Marriage agreement is understood as an agreement, so that it has provisions such as legal conditions, limitations, and legal consequences that are the same as agreements in general in accordance with the provisions of the Civil Code. This research basically aims to find out the limitations in forming marriage agreements based on the provisions of the Civil Code. The limits of marriage agreements can be seen through the limits of agreements in general, where these limits refer to the legal conditions of the agreement as stated in Article 1320 of the Civil Code, as well as the principles of agreements such as the Principle of Consensualism, the Principle of Freedom of Contract, the Principle of Personality, the Principle of Good Faith, and the Principle of Pacta Sunt Servanda, where based on this principle there is an analysis of limitations which focuses on the substance of each clause of the general provisions related to marriage agreement articles in the Civil Code. This research also focuses on analyzing the legal consequences for parties who make a marriage agreement, what are the consequences if the agreement is not made based on the provisions of the Civil Code, as well as legal consequences that focus on related parties such as husband and wife as the main parties, experts heirs, or third parties depending on clauses that depend on the marriage agreement made. In the end, this analysis of legal limitations and consequences can be a reference for married couples who want to get married or whose marriage is already underway to form a marriage agreement. Keywords : Agreement; Marriage Agreement; Civil Code

Item Type:

Thesis (Undergraduate)

Contributors: