Pelindungan Hukum bagi Pihak Peminjam dalam Perjanjian Pinjam Nama Perusahaan (Studi Kasus CV Faried Jaya
GDE ABHIE YUDISTHIRA, Annisa Syaufika Yustisia Ridwan
2024 | Skripsi | ILMU HUKUM
This legal writing aims to examine the validity of the CV Faried Jaya company name lending agreement and the legal protection that can be done by the borrower who suffer losses due to the breach of contract by the company name owner.
The type of research conducted by the author is normative empirical research with a live case study approach. This type of research was chosen because the research conducted by the author is a research on legal events that are still ongoing. The data used in this research is secondary data consisting of official documents, books, the results of previous research related to the research topic, as well as primary data in the form of respondent interviews related to the CV Faried Jaya company name lending agreement.
The legal construction of the CV Faried Jaya company name lending agreement has similar elements in several nominaat agreements such as interest-free lending agreements, lease agreements, and procuration agreements. However, the company name lending agreement is an agreement that can be classified as an agreement of its own (sui generis) because it has characteristics that distinguish it from other agreements. Based on the results of the author's research, the CV Faried Jaya company name lending agreement is a legally valid agreement because it has fulfilled the conditions for the validity of the agreement stipulated in Article 1320 of the Civil Code. A valid agreement can provide legal protection for the parties in it. Breach of contract that occurred in the implementation of the CV Faried Jaya company name lending agreement were caused by the company owner who took an amount of money that was not her right. As a result of these actions, the borrower suffered a number of losses that can be held accountable through a breach of contract lawsuit to the court.
Kata Kunci : Perjanjian Pinjam Nama Perusahaan, Wanprestasi, Keabsahan Perjanjian, Pelindungan Hukum, Gugatan Wanprestasi