Valid Requirements for Cessie Under Indonesian Civil Law

Authors

  • Hamler . Law Faculty Universitas Andalas
  • Yulia Mirwati Law Faculty Universitas Andalas
  • Yulfasni . Law Faculty Universitas Andalas
  • Zefrizal Nurdin Law Faculty Universitas Andalas

DOI:

https://doi.org/10.15379/ijmst.v10i5.2562

Keywords:

Cessie, Indonesian Civil Law, Transfer of Receivables

Abstract

Cessie is a fundamental concept in Indonesian civil law that governs the transfer of rights to receivables or intangible assets. Understanding this concept is essential for conducting cassie transactions legally and effectively within the Indonesian civil law system. Cessie plays a crucial role in supporting commercial and financial activities in Indonesia by providing a clear legal framework for transferring rights. Several requirements must be met to ensure the validity of cassie under Indonesian civil law. Firstly, there must be a clear receivable as the subject of the proper transfer, including comprehensive details regarding the amount, the debtor, and the payment terms. Secondly, notification to the debtor or written consent from the debtor is a vital requirement that ensures transparency in the change of creditor status. Without such notification or consent, Jessie will not have legal validity. In addition to these requirements, the process of executing an authentic deed or a private document also impacts the validity of the cessie. Using an authentic deed provides a higher level of enforceability and creates more substantial evidence in legal proceedings. Meanwhile, a private document is a simpler alternative that remains valid under Indonesian civil law. Cessie also plays a significant role in extending credit and other financial transactions. It allows parties involved to manage risks and ensure timely debt repayment. Cessie also creates flexibility in managing receivables and intangible assets. Understanding the requirements of cassie and its pivotal role in Indonesian civil law is crucial in maintaining legal validity and certainty in commercial and financial transactions. Cessie is a legal concept and a vital tool for facilitating economic activities in Indonesia.

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Published

2023-10-10

How to Cite

[1]
H. ., Y. . Mirwati, Y. ., and Z. Nurdin, “Valid Requirements for Cessie Under Indonesian Civil Law”, ijmst, vol. 10, no. 5, pp. 573-579, Oct. 2023.