Article Per Year (5 Year)
p-Index From 2020 - 2025
0.23
P-Index
This Author published in this journals
All Journal Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Vazrie Avicenna
Unknown Affiliation
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search
Journal : Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora

 1 
Pencantuman Klausula Ahli Waris dalam Perjanjian Kredit Dikaitkan dengan Asas Kepribadian Muhammad Nur Alamsyah; Vazrie Avicenna; Gusti Yosi Andri
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 3 No. 2 (2025): Juni: Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v3i2.2401

Abstract

The heirs' clause in the credit agreement raises legal problems because it concerns the attachment of third parties. This study aims to analyze the inclusion of heirs' clauses based on privity of contract and its legal implications for legal protection for creditors and heirs. Normative juridical method has used with regulatory and conceptual approach. The results shown that the heir's attachment clause in a credit agreement does not necessarily bind the heirs automatically because the privity of contract limits the engagement only to the parties who made the agreement. This is based on the existence of the principle of saisine in Civil Law and the principle of ijbari in Islamic Law where the heir automatically becomes the owner of the heir's legacy. However, the attachment that arises is only limited to the management of heritage property before it is distributed as inheritance. The applicability of the clause must also take into account whether there is an inheritance by the heirs, because the liability for the heir's debts only arises if the inheritance is received. If the inheritance is rejected, the creditor cannot impose payment obligations on the heirs even though there is an attachment clause. On the other hand, Islamic Law has emphasized that inheritance received by heirs is only inheritance that has been reduced by burdens, including the heir's debt. Therefore, the inclusion of the heir's clause is only a notification that reminds the heirs that there are still unfulfilled heirs' obligations, namely debts.
Co-Authors Gusti Yosi Andri Muhammad Nur Alamsyah