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description Journal article public Jurnal Mahasiswa Fakultas Hukum Universitas Brawijaya

Perlindungan Hukum Bagi Pihak Ketiga Dalam Terjadinya Pembatalan Perjanjian Perkawinan (Kasus Pembatalan Perjanjian Perkawinan Oleh Suami )

Fitria Herawati
Diterbitkan 2016

Abstrak

In the marriage contract to be binding on third parties, the marriage contract must be confirmed by official registration of marriage, this is in accordance with the provisions set forth in article 29 of Law No. 1 of 1974 on marriage stating that the time before marriage both parties by mutual consent can be entered into a written agreement approved by the marriage registrar officials after which the issue also applies to third parties during the third parties involved. This paper aims to analyze and find the clarity of the legal protection of third parties in the marriage contract canceled by the husband, and found the clarity of the status of marriage contract canceled by the court, which is still tied to a loan agreement with a third party. The benefits of this paper is expected to provide input legal protection of third parties in the marriage contract canceled. The method of writing the thesis is normative. Based on the results, it can be concluded that the form of legal protection for third parties on fair marriage contract is repressive protection. The validation status and marital agreements have legal force in this case the agreements made by deed, has the force of law is perfect, because it is made in the form of an authentic deed. If a marriage agreement is made to a notary and then registered to the court an agreement that has the force of law and if one spouse in default then they can sue replace losses when things are detrimental to the other party breached.

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Metrik

  • visibility 328 kali dilihat
  • get_app 3120 downloads