| Summary: | Research about consumer financing agreement on PT.ADIRA FINANCE
Padang aims to determine the application of the principle of freedom of contract in
the consumer financing agreement made by PT.ADIRA FINANCE with the
debtors. In addition, this study aims to determine the legal consequences of breach of
contract debtor and legal efforts made on consumer financing agreement in
PT.ADIRA FINANCE Padang.
This study is a juridical empirical research, ie research that applying a rule of
positive law in practice in order to obtain accurate data and can be verified. In order
to obtain various data, required legal materials both primary and secondary legal
materials. The research literature includes a variety of legal materials to obtain
secondary data and field research conducted to obtain primary data.
The results indicate that the application of the principle of freedom of contract
in consumer financing agreement in PT.ADIRA FINANCE has not been fully
implemented. According to the principle of freedom of contract the parties were
given the freedom to make or not make an agreement, the freedom to choose with
whom he make an agreement, the freedom to choose the content of the agreement to
be made, the freedom to determine the object of the agreement, the freedom to
determine the shape of a treaty, freedom to accept or deviate provisions of law which
is optional. Meanwhile, PT.ADIRA Finance has made the contents of the agreement
first before doing an agreement with the debtor, so that debtors are given the
opportunity to accept or reject the agreement that have been made. Legal
consequences of breach of contract debtor are carried out in the form of
compensation. The compensation can be caused by motor vehicle is lost or has been
sold to another party. In the case of the debtor make late payments, in accordance
with the existing provisions, the motor vehicle may be taken by PT.ADIRA
FINANCE.
|
|---|