Open AccessJuridical Implications of Subject Limitation of Liability Rights in Electronic Services
Author(s) -
Deni Supriadi,
Muhammad Sood,
Eduardus Bayo Sili
Publication year - 2020
Publication title -
international journal of multicultural and multireligious understanding
Language(s) - English
Resource type - Journals
ISSN - 2364-5369
DOI - 10.18415/ijmmu.v7i10.2156
Subject(s) - subject (documents) , service provider , business , liability , legal research , mortgage insurance , law and economics , actuarial science , legal status , shared appreciation mortgage , service (business) , law , political science , economics , finance , computer science , insurance policy , casualty insurance , marketing , library science
This study aims to identify the legal construction and legal implications of the limitations of the legal subject of the mortgage provider in the electronic mortgage service system, as well as the legal protection of the legal subject of the mortgage provider in the electronic mortgage service system. The theory used is the theory of legal certainty, the theory of legal norms hierarchy and the theory of legal protection. The limitation of the subject of the mortgage provider in electronic mortgage services results in a conflict of legal norms which in the Mortgage Law does not limit the subject of the mortgage provider, and results in no longer validity of third parties as providers of mortgage rights who are not debtors. Then the legal protection is not much different from the previous process of imposing mortgage rights, the difference is in technical matters regarding documents that are now being carried out using electronic documents which are also electronic evidence.