Siahaan, Debby Flora and Djaja, Benny (2023) Legal Certainty Of The Deed Of Grant Of The Will Whose Object Is Sold By The Grantor Of The Will To Another Party. American Journal of Open Research.
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(NOMOR 44) LEGAL CERTAINTY OF THE DEED OF GRANT OF THE WILL WHOSE OBJECT IS SOLD BY THE GRANTOR OF THE WILL TO.pdf Download (375kB) | Preview |
Abstract
This writing was motivated by the Surabaya District Court Decision Number 1270/Pdt.G/2021/PN. Sby
whose case was regarding the Deed of Sale and Purchase which the object of sale and purchase had been made
as an object of a testamentary grant and had been included in the Testament Grant Deed Number 119. The
implementation of the sale and purchase is carried out using a Power of Attorney to Sell where the Seller is an
elderly woman who is 78 years old and suffers from memory impairment that also known as dementia, so the
Seller does not remember that she had made a transaction buying and selling of land that has been given as a
testamentary grant. The seller signs the Power of Attorney to Sell without the consent of hes heirs and the sale
and purchase was carried out without the knowledge of the seller's family. This writing was written using
normative research methods by collecting legal materials regarding testamentary grants and linking Decision
Number 1270/Pdt.G/2021/PN. Sby with applicable laws and regulations, and with literature studies in the form
of articles that relating to testamentary grants. The conclusion that can be drawn from this research is that the
panel of judges has been unwise in carrying out legal considerations in Decision Number 1270/Pdt.G/2021/PN.
Sby and the Notary who made the Power of Attorney to Sell must apply the precautionary principle so there will
be no dispute over the object of sale and purchase in the future.
| Item Type: | Article |
|---|---|
| Subjects: | Artikel |
| Divisions: | Fakultas Hukum > Ilmu Hukum |
| Depositing User: | fh perpus |
| Date Deposited: | 19 Feb 2024 06:25 |
| Last Modified: | 19 Feb 2024 06:25 |
| URI: | https://repotest.untar.ac.id/id/eprint/42914 |
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