Octavia, Suci (2020) Misbruik Van Omstandigheden As Reason for Cancellation of Agreement In Progress Contract Law. Undergraduate thesis, Untag 1945 Surabaya.
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Abstract
A contract or agreement is a legal event that occurs where someone or more ties themselves to another person and mutually agrees to carry out something, from this event a relationship arises between two people called a legal bond. Contract law is a set of laws that include values, principles, concepts, and norms, both written and unwritten. In the agreement there are four legal requirements that must be fulfilled for the occurrence of a contract, namely: agreement, competence, a certain matter, and a legal reason, the four conditions as regulated in Article 1320 of the Civil Code. Based on the terms of the validity of the agreement especially the terms of the agreement which are the determinants of the occurrence or birth of the agreement there is a possibility that the agreement that has been reached has a disability or what is commonly referred to as a defect of the will or agreement defect due to things including: oversight or misdirection, coercion, fraud, and undue influence. The first three will defects are regulated in the Civil Code, while the last deal defects are not regulated in the Civil Code but are born later in the contract law enforcement.Undue influence (misbruik van omstandigheden) occurs when parties who have a strong position in economic and psychological terms abuse the situation so that the weak party agrees on matters that are obligatory to him, Abuse of the situation is a limiting factor and a disruptive will that is free to agree on contracts between the parties. Abuse of circumstances in this situation is contrary to the principle of freedom of contract and the principle of consensuality, because it interferes with the existence of the contract.it is logical that a contract whose agreement occurs because of abuse of circumstances, so it is not in accordance with the will, then the existence of the contract will be canceled.
Item Type: | Thesis (Undergraduate) |
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Uncontrolled Keywords: | agreement,contract,deal defect,abuse of circumstances |
Subjects: | K Law > K Law (General) |
Divisions: | Fakultas Hukum > Program Studi Ilmu Hukum |
Depositing User: | Users 26 not found. |
Date Deposited: | 05 Apr 2022 01:15 |
Last Modified: | 05 Apr 2022 01:15 |
URI: | http://repository.untag-sby.ac.id/id/eprint/15451 |
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