FORCE MAJEUR CONCEPT IN IMPLEMENTING SALE AND PURCHASE AGREEMENTS Rafiqi,Alvin Hamzah
FACULTY OF LAW, UNIVERSITAS MEDAN AREA
Abstract
An agreement is a legal act carried out between one or more legal subjects with one or more other legal subjects who agree to bind themselves to each other regarding certain matters in the field of wealth. The formulation of the problem is how the concept of Force Majeure applies in implementing a Sale and Purchase Agreement and what are the elements of Force Majeure in a Sale and Purchase Agreement. The concept of circumstances or events that occur beyond human control can eliminate the applicable legal responsibility. The elements of Force Majeure in an agreement are the existence of unexpected events, the existence of obstacles that make it impossible to carry out the performance, the inability is not caused by the debtor^s fault, the inability cannot be charged to the debtor and the debtor cannot fulfill obligations in other ways. Suggestions The Parties making an agreement must explain more clearly the concept and elements of Force Majeure so that there is no misunderstanding if the parties do not carry out their obligations in an agreement
Keywords: Force Majeure, Implementing, Sale And Purchase Agreements
