Kajian Terhadap Risiko Pada Jual Beli Benda Bergerak

Abstract

Risk is the obligation to bear losses as a result of an event (event) that befalls the object of the agreement beyond
the fault of one of the parties. Based on this understanding, it can be seen that the issue of risk stems from the
occurrence of events beyond the fault of one of the parties to the agreement. This event in contract law is called a
state of coercion (overmacht; force majeure). Thus, the issue of risk is the aftermath of the problem of coercive
circumstances (overmacht; force majeure), which is an event that is unintentional, cannot be predicted or
known, and is beyond the power of the compelling debtor. When viewed from the type, the state of coercion can
be divided into two, namel An absolute/absolute force majeure situation, and A situation of compulsion
(overmacht; force majeure) that is relative, Regarding the risks in buying and selling movable objects, in the Civil
Code there are three regulations, namely Regarding certain objects (Article 1460 of the Civil Code), Regarding
objects sold according to weight, quantity or size (Article 1461), and Regarding the objects for sale which are
sold according to piles (Article 1462). Based on Article 1462 of the Civil Code, the risk of the object lies with the
buyer.