Legal Review Of Unlawful Acts In Oral Sale And Purchase Agreement (Study of Medan District Court Decision Number: 113/Pdt.G/2024/PN.Mdn)

Unlawful Acts, Agreement, Buying and Selling

Abstract

Unlawful acts in an oral sale and purchase agreement occur when one of the parties breaks a promise, which can be prosecuted under Article 1365 of the Civil Code (if there is an element of error and loss) or Article 1338 of the Civil Code (the principle of freedom of contract), especially if it violates the legal terms of the agreement (Article 1320 of the Civil Code) or general law, although an oral agreement is valid if it meets the requirements, but the proof is difficult and is stronger if it is written, especially objects such as land/houses that require a Deed of Sale and Purchase. (AJB) so that it is valid and strongly binding. The elements of unlawful acts (PMH) in buying and selling, based on Article 1365 of the Civil Code and jurisprudence, include the existence of unlawful acts (violating the law or the principles of propriety), the presence of errors (intentional/negligent), the occurrence of losses (material/immaterial), and the causal relationship (causality) between the act and the loss, where a breach of contract (default) can be PMH if accompanied by bad faith or violating the principles of good faith and propriety. Liability for unlawful acts (PMH) is the legal obligation of the perpetrator to bear the consequences of the losses he caused, mainly in the form of compensation (material and immaterial) to the victim, based on Article 1365 of the Civil Code which emphasizes the existence of unlawful acts, losses and mistakes (intentional or negligent) of the perpetrator.