PANDANGAN HUKUM PERIKATAN INDONESIA TERHADAP QUASI CONTRACT

BAWIMBANG, ANGELA CHRISENDY (2018) PANDANGAN HUKUM PERIKATAN INDONESIA TERHADAP QUASI CONTRACT. S1 thesis, UAJY.

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Abstract

Quasi-contract is a legal obligation that can be executed resembling a contract agreement. This obligation is used by the Common Law courts to prevent situations in the form of unjust enrichment. It can be distinguished from the contract. The purpose of this study is to know the legal view of the Indonesian’s Law of Obligation on the concept of Quasi Contract. This research was conducted by using normative method and using primary, secondary and tertiary legal material, the data was taken using literature study. The results show that though Indonesia as a Civil Law country does not recognize this term and Civil Code did’nt explicitly formulaze the concept of Unjustment Enrichment, but there is a similar view to the concept contained in the Quasi Contract that may occur in situations that result in Quasi Contract obligations such as money paid by someone who had intervied in affairs of another person could be recover (article 1354 of the Civil Code) and money paid by mistake could recover through an action called solutio indebiti (article 1359 of the Civil Code).

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