在没有书面协议的情况下执行信贷条款的法律地位

Farik Farik, Dahniarti Hasana, I. Maerani
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摘要

本研究旨在确定和分析库德斯市输变电职工合作社在没有书面协议的情况下实施信贷的法律地位,并了解和分析库德斯市输变电职工合作社在没有协议的情况下向债务人提供信贷的债权人的法律保护。这种研究方法采用实证司法方法,即法律研究,使用二手数据作为初始数据,然后是现场或社区的原始数据。根据研究结果得出如下结论:1)库德斯市输变电职工合作社实施无书面协议授信的法律地位在民法角度上是合法的,因为它是按照《民法典》第1320条规定的协议效力条件,即同意约束自己、有能力达成协议、同意某件事、同意合法事由的条件进行的。库德斯市合作员工变电站输电没有书面协议的信用协议已经满足了所有这些条件。库德斯市输电和变电站员工合作社经理在开展其活动时,也符合1992年关于合作社的第25号法案的规定,法律确定性已经实现,正如法律确定性理论提出的Gustav Radbruch所说,法律确定性是对法律本身的确定性;2)在库德斯市输电和变电站员工合作社,对债权人提供法律保护,防止债务人在执行不成文协议时违约,即通过进行审议和/或调解(非诉讼)努力,旨在达成一项支付成员资金的协议。合作社中存在的储蓄来源于违约成员的本金储蓄、强制性储蓄和自愿储蓄。库德斯市输变电职工合作社管理部门也实施了另一种形式的法律保护,即由会员按月分期付款,通过自动借记方式支付到有关会员的银行账户。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal Position for Implementing Credit Provisions without Written Agreement at the Transmission Employees
This study aims to determine and analyze thethe legal position of implementing credit without a written agreement at the Transmission and Substation Employee Cooperatives in Kudus City, as well as to know and analyze aboutlegal protection for creditors who provide credit without an agreement to debtors at the Transmission and Substation employee Cooperatives in Kudus City who are in default. This research method uses an empirical juridical approach, namely legal research that uses secondary data as initial data, which is then followed by primary data in the field or on the community. Based on the results of the study concluded: 1)The legal position of the implementation of granting credit without a written agreement at the Transmission and Substation Employee Cooperatives in Kudus City is legal according to the perspective of civil law because it has been carried out in accordance with the terms of the validity of the agreement as referred to in Article 1320 of the Civil Code, namely agree to bind himself, the ability to make an agreement, a certain thing and a lawful cause. Credit agreement without a written agreement made by the Cooperative Employee Substation Transmission of Kudus City has met all of these conditions. ManagerKudus City Transmission and Substation Employees Cooperativein carrying out its activities, it is also in accordance with the provisions of Act No. 25 of 1992 concerning Cooperatives, andlegal certainty has been fulfilled as the theory of legal certainty presented Gustav Radbruch who stated that legal certainty is certainty about the law itself; 2) Legal protection for creditors against debtor defaults on the implementation of unwritten agreements at the Kudus City Transmission and Substation Employee Cooperatives has been carried out properly, namely by conducting deliberation and/or mediation (non-litigation) efforts aimed at creating an agreement to disburse members' money. The exist in cooperatives that are sourced from principal savings, mandatory savings, and voluntary savings belonging to the member who is in default. Another form of legal protection that has also been carried out by the Management of the Transmission and Substation Employees Cooperatives in Kudus City is in terms of paying monthly installments from members, it is carried out by auto-debit to the bank account belonging to the member concerned.
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