Bankruptcy of Individual Debtors Regarding Joint Assets of Husband and Wife

Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on the Almighty Godhead. The existence of this marriage results in the union of the husband's assets with the wife's assets, which is usually known as joint assets. However, this can be waived if there is a marriage agreement before the marriage takes place. The regulation of the concept of joint property in a husband and wife marriage experiencing bankruptcy is divided into two, namely for husband and wife who are married with a marriage agreement and for husband and wife who are married with a union of assets. For bankruptcy resolution, if joint assets are insufficient to pay debts, it must be proven that the debt is a personal debt or a joint debt.

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Publication Details

Journal
Journal of Law Politic and Humanities
Published
2024-12-31
DOI
https://doi.org/10.38035/jlph.v5i2.797
Primary Topic
Conflict of Laws and Jurisdiction
Type
article
Field-Weighted Citation Impact
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article

Bankruptcy of Individual Debtors Regarding Joint Assets of Husband and Wife

Shafira Hijriya, Misnar Syam
Journal of Law Politic and Humanities
Conflict of Laws and Jurisdiction
article

Bankruptcy of Individual Debtors Regarding Joint Assets of Husband and Wife

Shafira Hijriya, Misnar Syam
article en

Abstract

Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on the Almighty Godhead. The existence of this marriage results in the union of the husband's assets with the wife's assets, which is usually known as joint assets. However, this can be waived if there is a marriage agreement before the marriage takes place. The regulation of the concept of joint property in a husband and wife marriage experiencing bankruptcy is divided into two, namely for husband and wife who are married with a marriage agreement and for husband and wife who are married with a union of assets. For bankruptcy resolution, if joint assets are insufficient to pay debts, it must be proven that the debt is a personal debt or a joint debt.

Journal of Law Politic and HumanitiesVol. 5(2)
Andalas University (ID)
Openalex Percentile: Top 57%
Conflict of Laws and Jurisdiction
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