CD Tesis
Gagasan Pengaturan Pertanggungjawaban Peristiwa Force Majeureterhadap Kerusakan Mobil Rental Akibat Bencana Alam
Agreements, in essence, often occur in society and have even become a habit
and give rise to a legal relationship called an engagement. In Article 1313 of the
Civil Code "An agreement is an act by which one or more people bind themselves
to one or more people." Regarding leases in Article 1548 of the Civil Code "lease
is an agreement, by which one party binds himself to give the other party the
enjoyment of an item, for a certain period and with the payment of a price, which
the party later the payment was agreed to." Force majeure is a condition that
occurs after an agreement is made that prevents the debtor from fulfilling his
achievements. Default is a condition where a person has failed to fulfill the
obligations required by law. So the default is a result of the non-fulfillment of the
legal engagement. The renter's liability to the rental car owner for damage to the
rental car due to natural disasters will be eliminated if it is true that the damage
to the car is caused by an event beyond the control of one of the parties that
cannot be known or can not be expected to occur at the time of making the
agreement, where the those who do not fulfill this obligation cannot be blamed
and do not have to bear the risk as stipulated in the Civil Code concerning force
majeure. The idea of liability arrangement to resolve a force majeure event is that
the party who agrees with insurance gets a fee from something that is not the fault
of one of the parties. In addition to making criteria or limitations relating to
liability, this is intended so that there is a benchmark for the implementation of a
contract that can be seen to what extent the parties carry out their rights and
obligations properly.
Keywords: Agreement, Default, Force majeure.
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