Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)

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

Authors
Lulus Purna Malintang
Faculty of Law, Universitas Brawijaya
*Corresponding author. Email: lintangluckyy@gmail.com
Corresponding Author
Lulus Purna Malintang
Available Online 3 December 2021.
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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Volume Title
Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
3 December 2021
ISBN
10.2991/assehr.k.211203.067
ISSN
2352-5398
DOI
10.2991/assehr.k.211203.067How to use a DOI?
Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

Cite this article

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  -