Agreement according to Private Law
Understanding Agreement
A treaty is an act by which one or more persons bind themselves to one or more other persons (Article 1313 BW). Definition
This agreement contains elements:
a. Deeds, The use of the word "act" in the formulation of this Agreement if it is replaced with a more appropriate word legal action or legal action, because such actions bring legal consequences for the parties to foretell;
b. One or more of the one or more other persons, For the existence of an agreement, there must be at least two parties face to face and give each statement a suitable / fitting each other. The party is a person or legal entity.
c. Bound themselves, In the agreement there are elements of the promise made by one party to the other party. In this agreement, the legal consequences are bound to arise because of his own volition.
Terms of Agreement validity
In order for an agreement to be valid and binding on the parties, the agreement must meet the requirements as set out in Article 1320 BW namely:
1. agreed they were bound themselves; The word "agreed" not to be due to an oversight on the nature of the goods which are the subject of approval or oversight on his part in the approval of self-made, especially considering he was the person; coercion which a person acts out of fear threat (Article 1324 BW); fraud is not only a lie but also the presence of the ruse (Article 1328 BW). The agreements made on the basis of "agreed" based on these reasons, the cancellation may be filed.
2. competent to make the engagement; Section 1330 of BW determines incompetent to make the engagement:
a. People who have not grown
b. They were put under guardianship
c. The women, in cases stipulated by law, and in general all those to whom the law has prohibited making certain covenants. But the fatwa by the Supreme Court, through the Supreme Court Circular No.3/1963 dated 5 September 1963, the women were no longer classed as incompetent. They are authorized to perform legal acts without the help or permission of her husband. As a result of an agreement made by the parties is null and incompetent law (Article 1446 BW).
3. a certain thing; The agreement should specify the type of object agreement. If not, then the agreement is null and void. Section 1332 of BW determines only items that can be traded that can be the object of the agreement, and pursuant to Article 1334 BW new items will be in the future can be the object of the agreement except where prohibited by law expressly.
4. a cause or causa kosher. Invalidity of an agreement causa determined at the time the agreement was made. Agreement without the lawful causa is null and void, unless otherwise provided by law. The first and the second concerns the subject, while the third and fourth terms on the object. The presence of defects will (mistakenly, coercion, fraud) or not competent to make a commitment, on the subject resulted in an agreement may be canceled. Meanwhile, if the third and fourth terms on the object are not met, then the agreement is null and void.
As a result of the Agreement
Section 1338 subsection (1) of the Civil Code, which states that all contracts (agreements) are made legally valid as the law for those who make it. This article may be inferred from the existence of the principle of freedom of contract, but this freedom is limited by the laws of nature force, so that the parties made an agreement must obey the laws of nature force. An irrevocable agreement in addition to the agreement of both parties, or for the reasons stated by the law enough for it. Agreements not only bind to the things expressly stated therein, but also for everything that is according to the nature of the agreement, required by propriety, custom or law. An agreement was not allowed to bring harm to a third party.
The termination of the Agreement
Agreement ends because:
1. determined by the parties to apply for a certain time;
2. determine the limits of the law coming into effect of the agreement;
3. the parties or the law stipulates that the occurrence of events
then approval will be given clear; Specific event in question is a state force (overmacht) set forth in Section 1244 and 1245 of the Civil Code. Circumstances compel a state where the debtor is unable to perform his accomplishments to the creditor due to events beyond his control, for example due to earthquakes, floods, lava and others. Circumstances force can be divided into two kinds: 1. absolute force state is a state where the debtor did not meet perutangannya to creditors, because of the earthquakes, flash floods, and the presence of lava (force majeure). Due to the state of absolute force (force majeure): a. debtor does not have to pay damages (Article 1244 Civil Code); b. creditor is not entitled to the fulfillment of achievement, but also for the sake of free legal obligation to deliver the achievement counter, except for those mentioned in Article 1460 of the Civil Code. 2. circumstances force relative is a situation that causes the debtor is still possible to carry out his achievements, but the achievements of the implementation should be done by giving the victim a large disproportionate use of force or soul beyond human ability or possibility of danger hit by huge losses. Circumstances force did not result in any risk burden, only a matter of time the rights and obligations of creditors and debtors.
stop the approval statement (opzegging) which can be done by both parties or by either party to the agreement is temporary eg employment agreement;
judge's decision;
the purpose of the agreement is reached;
with the consent of the parties (herroeping)
Understanding Agreement
A treaty is an act by which one or more persons bind themselves to one or more other persons (Article 1313 BW). Definition
This agreement contains elements:
a. Deeds, The use of the word "act" in the formulation of this Agreement if it is replaced with a more appropriate word legal action or legal action, because such actions bring legal consequences for the parties to foretell;
b. One or more of the one or more other persons, For the existence of an agreement, there must be at least two parties face to face and give each statement a suitable / fitting each other. The party is a person or legal entity.
c. Bound themselves, In the agreement there are elements of the promise made by one party to the other party. In this agreement, the legal consequences are bound to arise because of his own volition.
Terms of Agreement validity
In order for an agreement to be valid and binding on the parties, the agreement must meet the requirements as set out in Article 1320 BW namely:
1. agreed they were bound themselves; The word "agreed" not to be due to an oversight on the nature of the goods which are the subject of approval or oversight on his part in the approval of self-made, especially considering he was the person; coercion which a person acts out of fear threat (Article 1324 BW); fraud is not only a lie but also the presence of the ruse (Article 1328 BW). The agreements made on the basis of "agreed" based on these reasons, the cancellation may be filed.
2. competent to make the engagement; Section 1330 of BW determines incompetent to make the engagement:
a. People who have not grown
b. They were put under guardianship
c. The women, in cases stipulated by law, and in general all those to whom the law has prohibited making certain covenants. But the fatwa by the Supreme Court, through the Supreme Court Circular No.3/1963 dated 5 September 1963, the women were no longer classed as incompetent. They are authorized to perform legal acts without the help or permission of her husband. As a result of an agreement made by the parties is null and incompetent law (Article 1446 BW).
3. a certain thing; The agreement should specify the type of object agreement. If not, then the agreement is null and void. Section 1332 of BW determines only items that can be traded that can be the object of the agreement, and pursuant to Article 1334 BW new items will be in the future can be the object of the agreement except where prohibited by law expressly.
4. a cause or causa kosher. Invalidity of an agreement causa determined at the time the agreement was made. Agreement without the lawful causa is null and void, unless otherwise provided by law. The first and the second concerns the subject, while the third and fourth terms on the object. The presence of defects will (mistakenly, coercion, fraud) or not competent to make a commitment, on the subject resulted in an agreement may be canceled. Meanwhile, if the third and fourth terms on the object are not met, then the agreement is null and void.
As a result of the Agreement
Section 1338 subsection (1) of the Civil Code, which states that all contracts (agreements) are made legally valid as the law for those who make it. This article may be inferred from the existence of the principle of freedom of contract, but this freedom is limited by the laws of nature force, so that the parties made an agreement must obey the laws of nature force. An irrevocable agreement in addition to the agreement of both parties, or for the reasons stated by the law enough for it. Agreements not only bind to the things expressly stated therein, but also for everything that is according to the nature of the agreement, required by propriety, custom or law. An agreement was not allowed to bring harm to a third party.
The termination of the Agreement
Agreement ends because:
1. determined by the parties to apply for a certain time;
2. determine the limits of the law coming into effect of the agreement;
3. the parties or the law stipulates that the occurrence of events
then approval will be given clear; Specific event in question is a state force (overmacht) set forth in Section 1244 and 1245 of the Civil Code. Circumstances compel a state where the debtor is unable to perform his accomplishments to the creditor due to events beyond his control, for example due to earthquakes, floods, lava and others. Circumstances force can be divided into two kinds: 1. absolute force state is a state where the debtor did not meet perutangannya to creditors, because of the earthquakes, flash floods, and the presence of lava (force majeure). Due to the state of absolute force (force majeure): a. debtor does not have to pay damages (Article 1244 Civil Code); b. creditor is not entitled to the fulfillment of achievement, but also for the sake of free legal obligation to deliver the achievement counter, except for those mentioned in Article 1460 of the Civil Code. 2. circumstances force relative is a situation that causes the debtor is still possible to carry out his achievements, but the achievements of the implementation should be done by giving the victim a large disproportionate use of force or soul beyond human ability or possibility of danger hit by huge losses. Circumstances force did not result in any risk burden, only a matter of time the rights and obligations of creditors and debtors.
stop the approval statement (opzegging) which can be done by both parties or by either party to the agreement is temporary eg employment agreement;
judge's decision;
the purpose of the agreement is reached;
with the consent of the parties (herroeping)
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