公证人在无结婚协议离婚夫妻共同财产分配协议中的作用

Desi Arisandi, Andri Winjaya L, Dini Amalia Fitri
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引用次数: 1

摘要

财产作为婚姻纽带中新娘和新郎的生命支柱。婚前取得的财产(先天财产),婚姻存续期间取得的财产(共同财产)。如果婚姻关系被解除或破裂,那么他们每个人都会捍卫自己对共同财产的权利,因此共同财产往往是一个严重的问题,经常在双方(丈夫和妻子)之间产生争论。本文采用的研究方法是社会学和法学。本研究规范采用描述性分析。本研究中使用的数据类型是原始数据,包括1945年宪法;关于公证人地位的2014年第2号法案;2019年第16号法案,修订1974年关于婚姻的第1号法案;民法法典;伊斯兰教法的汇编,以及包含书籍和其他支持文件的次要数据。通过访谈技术和文献或图书馆资料的研究收集研究数据。采用的数据分析方法为定性分析。研究和讨论的结果是:第一;在司法观念中,即将离婚的夫妻对共同财产的分割,即平均或平均分割共同财产。这符合《婚姻法》、《民法典》和《伊斯兰教法汇编》的规定,其中规定,如果离婚,共同财产将平均分配。第二个;公证员在为没有结婚协议的离婚夫妇制作共同财产分配协议契据中的作用,即公证员作为公职人员,有权根据双方同意依法分享财产的意愿制作包括共同财产分配协议契据在内的真实契据。适用。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Role of Notaries in Making Agreements for the Sharing of Joint Assets for Supplies who will Divorce without a Marriage Agreement
Property as a life support for the bride and groom in the marriage bond. Where the property is obtained before the marriage (innate property) and obtained during the marriage (joint property). If the marriage bond is dissolved or broken, then each of them will defend their rights to the joint property so that the joint property is often a serious problem and often creates debate between the two parties (husband and wife).The research approach method used in this thesis is sociological juridical. This research specification uses descriptive analysis. The type of data used in this research is primary data which includes the 1945 Constitution; Act No. 2 of 2014 concerning the Position of a Notary; Act No. 16 of 2019 on the amendment to Act No. 1 of 1974 concerning Marriage; Code of Civil law; Compilation of Islamic Law, as well as secondary data containing books and other supporting documents. Collecting research data with interview techniques and study of documents or library materials. The data analysis method used is qualitative analysis.The results of the research and discussion that: First; the division of joint property for couples who are going to divorce in the concept of justice, namely dividing joint property equally or equally. This is in line with what has been regulated in the Marriage Law, the Civil Code and the compilation of Islamic Law which states that if there is a divorce, the joint assets are divided equally. Second; The role of a notary in making a deed of a joint property distribution agreement for a divorced couple without a marriage agreement, namely a notary as a public official who has the authority to make an authentic deed including a deed of a joint property distribution agreement based on the will of both parties who agree to share their assets in accordance with the law. applicable.
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