The Ending of

Obligation
By,
DR.Oky Deviany Burhamzah,SH,MH
 1. Payment
2. Offer of payment followed by deposit
3. Debt renewal
4. Debt encounters
The Ending Of 5. Debt mixture

Obligation 6. Debt Liberation

7. The destruction of goods owed
8. Nullification and cancellation of obligation
9. Conditions that canceled
10. expiration
  Expiration of the punctuality in the agreement;
Other Causes  Death of a party to the agreement (Article 1813 CC);

Termination of  Death of the person whose giving the orders;

The obligation  Due to the bankruptcy statement in the maatschap agreement;

 There are conditions that cancel the agreement
  Payment, that is, if the obligations towards the engagement
(obligation) have been fulfilled (article 1382 of the Civil Code).
 The term 'payment' in contract law is different from the everyday
term, which is the payment of an amount of money. But payment
is any act of accomplishment, regardless of the nature of that
achievement
1. Payment  The delivery of goods by the seller, doing something or not doing
something is the fulfillment of an achievement which is also called
payment;
 In general, by making a payment, the obligation is canceled, but
sometimes the obligation remains and the third party replaces the
original creditor (Subrogation, article 1400 CC)
 In subrogation, if a third party pay off a debtor's debt to his
original creditor, the legal relationship between the debtor and
the original creditor will ended. With this payment, the
engagement itself has not ended, but what happens is a shift in
the position of the creditor to another person
  With the occurrence of subrogation, accounts receivable and
accessoary rights or promises that accompany the principal
agreements such as mortgages, pawns, borgtocht and so on are
transferred to the third parties who replaced the position of the
old creditor.
 Subrogation can occur because of the agreement or because of
the law
 Payment must be made to the creditor, or to a person who has
been authorized by him, or to a person who has been authorized
by a judge or law to receive the payment.
 Payments made to a person who is not authorized to receive
payment for a creditor are legal if the creditor agrees or has
actually benefited from it (Article 1385 of the Civil Code).
 Likewise, payments made in good faith to the person who holding
the receivables are valid (Article 1386 of the Civil Code).
 Payments that made to the creditors who are incapable of
receiving them are invalid, unless the debtor proves that the
creditor really benefited from the payment (Article 1387 of the
Civil Code).
  Namely, cash payments made by the debtor, but not received by
the creditor, and then deposited by the debtor at the court (article
1404 of the Civil Code).
 If the creditor refuses payment from the debtor, the debtor can
make an offer of cash payment, followed by a deposit
2. Offer of (consignatie).
payment  The method is regulated in articles 1404 to 1402 of the Civil Code
which can be described as follows:
followed by The goods or money to be paid are offered officially by a notary or
deposit court bailiff accompanied by two witnesses. The notary or bailiff
makes details of the goods or money to be paid and goes to the
(c0nsignatie) place where the payment agreement must be made, and if there
is no specific agreement regarding this matter, to the personal
creditor or at his place of residence. The notary or bailiff then
notifies him that at the request of the debtor to come to pay the
debtor's debt, which payment is made by delivering the item or
money specified.
  That is, if the old debt is replaced by a new debt (articles 1416 and
1417 CC).
 Debt renewal (novation) is an agreement that eliminates the old
agreement, but at the same time creates a new agreement that
3. Debt replaces the old one.
Renewal  According to the article 1413 of the CC there are 3 kinds of
novation, namely:
(Novation) (1) objective novation,
(2) passive subjective novation, and
(3) active subjective novation
 Objective novation can occur by replacing or changing the content
of the agreement. Replacement of the content of the agreement
occurs when the debtor's obligation to fulfill a certain
achievement is replaced by another achievement, for example,
the obligation to deliver a number of items.
 Objective novation can also occur by changing the cause of
theagreement, for example, the compensation or the basis of
onrechtmatige daad is converted into accounts payable.
 Passive subjective novation can occur in an expromissie manner
where all debtors are replaced by new debtors without the help of
the old debtors. For example, A (debtor) owes to B (creditor), B
makes an agreement with C (new debtor) that C will replace A (old
debtor) and A will release B from his debt.
 Passive subjective novation can occur in an expromissie manner
where all debtors are replaced by new debtors without the help of
the old debtors. For example, A (debtor) owes to B (creditor), B
makes an agreement with C (new debtor) that C will replace A (old
debtor) and A will release B from his debt
 In addition, this passive subjective innovation can be occur by the
way of delegatie where an agreement occurs between the debtor,
creditor and new debtor. For example, A (debtor) owes B
(creditor). Then A proposes C as the new debtor to B. Between B
and C an agreement is made that C will do what A must do / fulfil;
 Active subjective novation is always a triangular agreement,
because the debtor needs to tie himself up with the new creditor.
For example, A owes B Rp 100,000.00; while B owes Rp
100,000.00 to C. With the triangular agreement between A, B, and
C, A becomes indebted to C, so A no longer owes B and B no
longer owes C;
 According to the article 1414 of the CC, novation can only occur
between people who are able to do the agreement. So, novations
made by people who can't afford the agreement can be undone.
Furthermore, Article 1415 CC stipulates that the willingness to
novation must be clearly proven from his actions.
 A debt renewal (novation) is basically a new agreement that
replaces the old agreement, anything that follows the old
arrangement (such as privileges, mortgages and liens) is not
transferred / transferred to a new agreement, unless it is agreed
that special rights, mortgages and pawn are guaranteed. the old
covenant was not abolished, but also transferred to the new
covenant. Although in active subjective innovation there is a
change of creditors such as subrogation and cessie, these three
types of creditor replacement are not the same.
 The differences between active subjective innovation and
subrogation are:
a) Novation can only be done with the creditor's approval
concerned, while subrogation can also happens according to
the Act.
b) Consensual subrogation must take place explicit
(uitdrukkelijk), while novation is sufficient if the intentions of
the parties can be clearly concluded their actions (Article 1415
CC)
c) On the subrogation of all privileges and mortgages from old
engagement always moves to new creditors, while in
novation it is uncertain.
 The difference between active subjective novation and cessie:
Cessie requires an authentic letter or under hand, while novation
can occur in the conclusion of their actions.
 Novation requires the debtor's participation in determine it, while
in cessie a notification is sufficient to the debtor.
 In cessie all privileges and mortgages are transferred to new
creditors, while in novation it is not certain.