Force Majeure Covid-19 in the Implementation of the Consumer Financing Agreement

Kandou, Heddy and Tehupeiory, Aartje (2021) Force Majeure Covid-19 in the Implementation of the Consumer Financing Agreement. International Journal of Law, 7 (4). pp. 163-172. ISSN 2455 2194

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Abstract

The current Covid-19 pandemic has resulted in the fulfilment of consumer financing agreements, where due to the pandemic, the government has imposed large-scale social restrictions that caused some business sectors to be stopped (trying) and resulted in a wave of layoffs and of course. The Covid-19 pandemic is unexpected and uncontrolled of the parties when the agreement was made caused the debtor loss of ability to fulfil its obligations following the consumer financing agreement. This research uses research method with type/type of doctrinal law research approach or normative norm, with statute approach and case approach, using gender data sourced from primary legal material, secondary legal material and tertiary legal material. The research results have analyzed a square. The result of this research is that Covid-19, according to the concept of civil law, can be categorized as force majeure because it has fulfilled the element of force majeure as stipulated in Article 1244 and 1245 of the Civil Code. Therefore, the government establishes the Covid-19 Pandemic as a force majeure state. Keywords: covid-19, consumer financing, force majeure

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