A Critical Review of Judgment No.708 of the Supreme Court

Abstract

Ambiguous of legal provisions need to be interpreted by the courts and legal institutions, including the Supreme Court. But this kind of interpretations should not be limited to formal interpretation without any regard to nature of legal relations. Because of the fact that it makes some problems in implementation of judgment in practice. Supreme Court precedent No. 708 is an example of this type of approach where the nature of dowry and right of lien under Article 1085 of the Civil Code have not been Considered. The presented interpretation of the Article 1085 in practice surprised each neutral person in the case of long-term installments. This study presents a critical analysis of supreme court verdict with resort to the role of dowry in the marriage and wife right of lien. In conclusion, it can be said that verdict has issued regardless of the non-commutative nature of marriage, hence it is necessarily needs to be changed because of the negative impacts it makes in practice.

Keywords

• dowry
• right of lien
• insolvency
• installment and supreme court