Batulis Civil Law Review
Vol 5, No 1 (2024): VOLUME 5 ISSUE 1, MARCH 2024

Abrogation “Privity of Contract” Due To One Sided Withdrawal of A Third Party As An Emergency Contact From Borgtocht Perspective

Panjaitan, Wijaya Natalia (Unknown)



Article Info

Publish Date
31 Mar 2024

Abstract

Introduction: The inclusion of a third party's personal data as an emergency contact in an agreement is often done one-sidedly by the debtor, to the detriment of the third party who is often disturbed to find the debtor's whereabouts, even though the third party does’nt know and never agreed to have his personal data included as an emergency contact.Purposes of the Research: This research aims to find out the abrogation of the principle of privity of contract in the context of one-sided withdrawal of a third party as an emergency contact in the perspective of personal guarantee law (borgtocht).Methods of the Research: This research is using the normative juridical method. The approach is through legislation, which is the Civil Code and conceptual approaches.Results of the Research: The principle of privity of contract in the perspective of personal guarantee law (borgtocht) will be invalid and cannot be applied to emergency contact if the third party whose name is included is not asked for prior approval by the parties in the agreement.

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Journal Info

Abbrev

ballrev

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Batulis Civil Law Review (Batulis Civ. Law Rev. -BALLREV) is a peer-reviewed journal published by the Faculty of Law at Pattimura University twice a year in May, and November. The purpose of this journal is to provide a place for academics, researchers and practitioners to publish original research ...