|
|
responsibility of the implementation of a wills made by a notary (case study of civil cases number:474/pdt.g/2012/pn.jkt.sel)
|
|
|
|
|
نویسنده
|
novita meri ,daulay zainul ,benni beatrix
|
منبع
|
international journal of multicultural and multireligious understanding - 2020 - دوره : 7 - شماره : 1 - صفحه:288 -298
|
چکیده
|
Notary deed is made in accordance with the wishes of the parties concerned to ensure orguarantee the rights and obligations of the parties, certainty, order and legal protection of the parties.notary deed in essence contains the truth in accordance with what was stated by the parties facing thisissue. the notary has the obligation to include in the deed what is really understood in accordance withthe wishes of the parties and read it so that it becomes clear the contents of the deed, including if there is awill made in the form of an authentic deed. the will is a way for the owner of the assets during hislifetime to express his last wish regarding the distribution of his inheritance to the heirs which will takeeffect after the heir dies. this is interesting to do research with the formulation of the problem: how thelegal arrangements in making a will made before a notary public, why it is necessary to designate theexecutor of the will and what is the legal position of the executor of the will and what is the responsibilityof the executor to carry out the contents of the will. the problem approach used is empirical juridicalusing primary data and secondary data. the results of the study obtained an illustration, that the regulationof wills is made before a notary, in which the notary carries out its authority provisions in accordancewith law no. 2 of 2014 concerning notary position. the regulation of wills also cannot be separatedfrom the background of the regulation of inheritance which is fluralism in indonesia. in the civil code,article 830 to article 1125 which regulates the position of inheritance, both because of death and with awill. related to the importance of appointing executors is to maintain the principle of justice for thosewho are entitled to receive the inheritance so that it is in accordance with the rights of each party. whilethe legal position of executing wsiat is outside the beneficiary because of the provisions of the law, in thesense of being in accordance with the group of inheritance recipients. likewise, the responsibility of therecipient of the will must carry out what is contained in the contents of the will, after seeing theobligations that must be completed by the testator. the will of the inheritance must not exceed the right ofthe recipient of the inheritance because of the provisions of the law or the absolute right of the recipient of the inheritance.
|
کلیدواژه
|
responsibility ,contents of wills and execution of a notary public office
|
آدرس
|
university of andalas, faculty of law, indonesia, university of andalas, faculty of law, indonesia, university of andalas, faculty of law, indonesia
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Authors
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|