Agreements have become an inseparable part of everyday life. When people are going to work, leasing a house/building, conducting debt and credit transactions, to business cooperation, there will be an agreement first. In the agreement made, there may be an event that causes one of the clauses or the agreement as a whole to be violated by one of the parties. This event is also known as default. To better understand what default is, the forms of default, and what legal remedies can be taken when experiencing default, Contract Law will provide the following explanation. Let’s see until the bottom.
What is Default?
Default is an action where a person does not fulfill the performance or obligations that have been stipulated in the agreement. After an agreement occurs, a civil relationship arises where the parties have an obligation to fulfill their achievements / promises. When there is a party who does not fulfill the promised performance due to his intentions / negligence so as to cause harm to the other party, it can be said that the person has committed an act of default. Default itself is divided into 4 types, including:
- Not doing what you promised to do.
- Implementing what has been promised but not in accordance.
- Doing what has been promised but late or past the specified deadline.
- Doing something that the agreement does not allow.
But keep in mind, if the above actions are carried out due to overmacht/force majeure, the party who does not fulfill its obligations cannot be blamed or sued for default. This is because overmacht is an unforeseeable event that arises beyond the party’s ability. When a default occurs, the injured party can take the following legal remedies:
Somasi
Somasi is the first legal remedy that can be taken by the aggrieved party. Somasi is a form of written warning given to the party that has not fulfilled its obligations to immediately carry out its obligations within a specified period of time If the summons has been made and the party still does not perform its obligations then it is in a state of negligence so that it can be sued for default. Somation is important because the Civil Code states that a lawsuit for default can only be requested for reimbursement of costs, losses, and interest when a summons has been made.
Default Lawsuit
In a tort lawsuit, the injured party can choose to demand that the other party fulfill the agreement, fulfill the agreement with compensation, ask for compensation only, cancel the agreement, or cancel with compensation. As mentioned earlier, damages can only be requested if there has been a prior subpoena. Without a summons, damages cannot be awarded. The provisions regarding compensation consist of 3 elements, namely costs, damages, and interest. Costs are all actual expenses incurred by one party, loss is damage caused by the negligence of the other party, while interest is loss in the form of lost profits. In a lawsuit for default, the damages that can be requested only include damages that can be expected to occur and must be a direct result of the default. Regarding the cancellation of the agreement, if it is stated in the claim and granted, then both parties will return to the situation before the agreement was made. If a party has received from the other party, either money or goods, it must also be returned. Read also: How to Settle Debt and Credit Cases?
KH Contact
Well Friend KH, that’s the explanation of default, forms of default, and legal remedies that can be done when experiencing default. For KH Pals who have questions or want to consult about default and other legal issues, don’t hesitate to contact Kontrak Hukum at the following link Tanya KH. Kontrak Hukum is ready to help and provide the best solution. Guaranteed fast and easy!
