PERBANDINGAN WANPRESTASI DAN PERBUATAN MELAWAN HUKUM SEBAGAI KLASIFIKASI GUGATAN GANTI RUGI ATAS INGKAR JANJI KAWIN
A man and a woman who are already in a more serious relationship will tie themselves to each other and one of them will be giving a promise to marry. The promise to marry is usually be delivered verbally and if a party breaks its promises, it's going to be difficult to get an accountability. A...
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2022-01-13.
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| Summary: | A man and a woman who are already in a more serious relationship will tie themselves to each other and one of them will be giving a promise to marry. The promise to marry is usually be delivered verbally and if a party breaks its promises, it's going to be difficult to get an accountability. A promise to marry that had been broken will surely cause material and immaterial losses especially for the woman, so she sues the man to compensate and recover her reputation. This research aims is to identidying the judge's consideration in deciding cases of breaking the promise to marry as two different classifications of lawsuit and what indicators that a judge have in deciding cases for breach of contract and unlawful act. This research is a qualitative normative juridical study using a statutory approach. The case approach is also used in this research because it will review further court decisions related to the promise to marry. The result showed: a promise to marry that had been broken can be classified as two different classifications of lawsut. Article 58 paragraph (1) and (2) of the Civil Code underlying the lawsuit for breaking the promise to marry also must fulfill the elements contained in Article 1243 of the Civil Code as breach of contract or Article 1365 of the Civid Code as unlawful act. Keywords: promise to marry, breach of contract, unlawful act. |
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| Item Description: | http://repository.upnvj.ac.id/15552/1/ABSTRAK.pdf http://repository.upnvj.ac.id/15552/2/AWAL.pdf http://repository.upnvj.ac.id/15552/3/BAB%20I.pdf http://repository.upnvj.ac.id/15552/4/BAB%20II.pdf http://repository.upnvj.ac.id/15552/5/BAB%20III.pdf http://repository.upnvj.ac.id/15552/6/BAB%20IV.pdf http://repository.upnvj.ac.id/15552/7/BAB%20V.pdf http://repository.upnvj.ac.id/15552/8/DAFTAR%20PUSTAKA.pdf http://repository.upnvj.ac.id/15552/9/RIWAYAT%20HIDUP.pdf http://repository.upnvj.ac.id/15552/10/LAMPIRAN.pdf http://repository.upnvj.ac.id/15552/11/TURNITIN.pdf http://repository.upnvj.ac.id/15552/13/ARTIKEL%20KI.pdf |