EVI KONGRES, 031070503 (2017) KARAKTERISTIK KONTRAK JUAL BELI KAPAL. Disertasi thesis, Universitas Airlangga.

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Abstract

This research aims to analyze and find out the characteristics of ship sell and purchase contract through the involved parties in mechanism of shipbuilding and sell and purchase of second-hand ship and also contract clause in sale form based on the sell and purchase legal regulation. This research is expected to give overall view and analysis development upon legal relationship of the parties in ship acquisition including legal principles appeared in the legal relationship and liability of the parties in ship sell and purchase contract based on the clause in sale form and the legal principles shown in. The legal issues from this research are: (a) legal relationship of the parties in ship acquisition mechanism; and (b) the liability of the parties in ship sell and purchase contract. Analysis of the legal relationship of the parties in the ship acquisition mechanism is based on the contractual relationship of the parties, the role and authority of each party in the ship acquisition including the relevant rule of law. In the analysis of the liability of the parties in the ship sell and purchase contract then it will be based on the discussion of the principal clauses of sale form. The type of this research is normative juridical with approach to statute, conceptual and legal comparison. The result of this research is a contractual relationship reflects the characteristics of each of the parties involved so that without a contract with the service provider or service profession the main contracts can not be run properly. Under the rules of sell and purchase by BW, SGA 1979, NBW and the Japanese Code Civil relating to clause of sale form it appears the differences regarding the arrangements for the inspection of goods and the transfer of risk. The compensation for breach of contract action should be proportionate to the harm caused. Demands for the actions of tort by the service profession can be performed during provable that there is lack of prudence, skill, knowledge and appropriate skills and the existence of a causal relationship between the losses suffered by the act of service profession.

Item Type:	Thesis (Disertasi)
Additional Information:	KKB KK DIS.H.09/17 Kon k
Subjects:	K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence > K7000-7720 Private international law. Conflict of laws > K7340-7512 Commercial law > K7350-7444 Commercial contracts
Divisions:	03. Fakultas Hukum > Dasar Ilmu Hukum
Creators:	Creators NIM EVI KONGRES, 031070503 UNSPECIFIED
Contributors:	Contribution Name NIDN / NIDK Thesis advisor Agus Yudha Hernoko, Prof. Dr., S.H., M.H. UNSPECIFIED
Depositing User:	mrs hoeroestijati beta
Date Deposited:	30 Oct 2017 21:03
Last Modified:	30 Oct 2017 21:03
URI:	http://repository.unair.ac.id/id/eprint/65168
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