Hearing the word “agreement” may be familiar to all of us, in almost every transaction, be it a sale and purchase transaction, a lease transaction or even in terms of cooperation, it definitely requires an agreement. However, it cannot be made carelessly, there are conditions that must be fulfilled in order to be made in accordance with the applicable rules and of course avoid the risk of being canceled or null and void by law.
Legally The requirements set out in the civil law code (KUHPerdata), namely in articles 1320 to 1337 of the Civil Code, the conditions include:
- Agreement
- Legal competent
- The existence of the object of the agreement
- Because that is lawful
Agreed
Words The consensus means that the parties must mutually agree to bind themselves on the basis of their own accord and mutually agree on the things that have been agreed upon. The agreement must also be based on the will of the parties without any element of error, coercion or fraud.
Legal Proficiency
The agreement must be approved by a person who is capable and capable of taking legal action, everyone is legally capable except those who are under 21 years of age, and those who are under interdiction (disabled, insane, etc.). It is not necessary to remember, there are other things that make someone who should be capable of taking legal action incapable, for example, an adult who is drunk or affected by drugs which eventually causes a loss of consciousness.
The existence of the Object of the Agreement
it is impossible to make the agreement not knowing the object, the object in question can be in the form of physical objects or services. For example, for example, Mr. Ifnu intends to sell a white beat motorbike produced in 2016 to Mr. Mahesa for 5 million rupiah, in this agreement Mr. Ifnu clearly states what items will be sold along with the types, prices, and characteristics of these items.
Because that is lawful
The purpose of the lawful cause is that the agreement is made based on an objective that is not against the applicable law and is prohibited by law or social norms. An example of the reason why it is not lawful is when someone is buying and selling illegal drugs or drugs. This is because drugs are objects that are prohibited by law, so the agreement becomes invalid.
