Legal Certainty Against Cancellation of Agreement Using the Element of Abuse of Circumstances

The aim of this study is to examine a verdict that involves the element of Misuse of Circumstances or Undue Influence, which is a crime that cannot be directly observed but significantly affects an agreement, as an event where one person promises something to another, or where two people promise each other to do something. Misuse of Circumstances is an act where the parties are bound by an agreement that one party has an unbalanced position and the other party exploits their weakness to gain an advantage. This research is conducted using a normative juridical method, which involves examining various formal legal regulations such as legislation and literature containing theoretical concepts, which are then linked to the issue to be discussed in this journal. The research findings in this verdict indicate that there has been a misuse of circumstances in the agreement between the parties involved in this decision. Due to the misuse of circumstances, the agreement of Sale and Purchase between the parties can be annules.

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Publication Details

Journal
Journal of Law Politic and Humanities
Published
2024-09-23
DOI
https://doi.org/10.38035/jlph.v4i6.837
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
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article

Legal Certainty Against Cancellation of Agreement Using the Element of Abuse of Circumstances

Adristi Ramadhani, Miftakhul Arif, Vania Larissa Sulistio, Dimas Varizal Putra Purnama et al.
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Journal of Law Politic and Humanities
International Arbitration and Investment Law
article

Legal Certainty Against Cancellation of Agreement Using the Element of Abuse of Circumstances

Adristi Ramadhani, Miftakhul Arif, Vania Larissa Sulistio, Dimas Varizal Putra Purnama, Moh. Akbar Dzulfikar Ramadhan
article en

Abstract

The aim of this study is to examine a verdict that involves the element of Misuse of Circumstances or Undue Influence, which is a crime that cannot be directly observed but significantly affects an agreement, as an event where one person promises something to another, or where two people promise each other to do something. Misuse of Circumstances is an act where the parties are bound by an agreement that one party has an unbalanced position and the other party exploits their weakness to gain an advantage. This research is conducted using a normative juridical method, which involves examining various formal legal regulations such as legislation and literature containing theoretical concepts, which are then linked to the issue to be discussed in this journal. The research findings in this verdict indicate that there has been a misuse of circumstances in the agreement between the parties involved in this decision. Due to the misuse of circumstances, the agreement of Sale and Purchase between the parties can be annules.

Journal of Law Politic and HumanitiesVol. 4(6)
Universitas Airlangga (ID)
Openalex Percentile: Top 55%
International Arbitration and Investment Law
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Legal Certainty Against Cancellation of Agreement Using the Element of Abuse of Circumstances — Adristi Ramadhani, Miftakhul Arif, et al. · Journal of Law Politic and Humanities (2024) | TGRS Research Map | TGRS