Javascript must be enabled to continue!
Legal Protection for Heirs in a Dispute Over a Shophouse Sale and Purchase Agreement
View through CrossRef
Basically, heirs have the same legal position as the testator in agreement disputes, including sale and purchase agreements made before the testator dies. However, in practice, there is often a discrepancy between the legal provisions and their implementation, especially when there is a conflict between the heirs and third parties. This can be seen in the dispute between Baniyamin as the buyer and the heirs of Muhammad Husen, where the shophouse sale and purchase agreement ended with a default on the part of the seller, so that the responsibility to provide compensation was imposed on the heirs. This research aims to analyse the legal position of the heirs in a dispute over a sale and purchase agreement involving the heir's estate and the form of legal protection that should be given to the heirs. This research uses normative juridical research and case study approach. Data analysis uses a qualitative method. The results show that the position of the heirs is found in the saisine principle in Article 833 of the Civil Code, the rights and obligations of the testator automatically pass to the heirs. The legal protection of heirs is regulated in Articles 833, 1045, and 1100 of the Civil Code, which provide the right to inheritance with debt responsibility limited to the value of the inheritance and the right to refuse harmful inheritance.
Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia
Title: Legal Protection for Heirs in a Dispute Over a Shophouse Sale and Purchase Agreement
Description:
Basically, heirs have the same legal position as the testator in agreement disputes, including sale and purchase agreements made before the testator dies.
However, in practice, there is often a discrepancy between the legal provisions and their implementation, especially when there is a conflict between the heirs and third parties.
This can be seen in the dispute between Baniyamin as the buyer and the heirs of Muhammad Husen, where the shophouse sale and purchase agreement ended with a default on the part of the seller, so that the responsibility to provide compensation was imposed on the heirs.
This research aims to analyse the legal position of the heirs in a dispute over a sale and purchase agreement involving the heir's estate and the form of legal protection that should be given to the heirs.
This research uses normative juridical research and case study approach.
Data analysis uses a qualitative method.
The results show that the position of the heirs is found in the saisine principle in Article 833 of the Civil Code, the rights and obligations of the testator automatically pass to the heirs.
The legal protection of heirs is regulated in Articles 833, 1045, and 1100 of the Civil Code, which provide the right to inheritance with debt responsibility limited to the value of the inheritance and the right to refuse harmful inheritance.
Related Results
Exploring Large Language Models Integration in the Histopathologic Diagnosis of Skin Diseases: A Comparative Study
Exploring Large Language Models Integration in the Histopathologic Diagnosis of Skin Diseases: A Comparative Study
Abstract
Introduction
The exact manner in which large language models (LLMs) will be integrated into pathology is not yet fully comprehended. This study examines the accuracy, bene...
Legal Protection For Heirs Against Inheritance
Legal Protection For Heirs Against Inheritance
Introduction: The agreement of all heirs to the transfer of land rights through sale and purchase is an important component that must be a concern for the parties who carry out the...
DEFAULT IN THE SALE AND PURCHASE AGREEMENT OF A SHOPHOUSE IN NON-CASH AND ITS CONSEQUENCES ON HEIRS
DEFAULT IN THE SALE AND PURCHASE AGREEMENT OF A SHOPHOUSE IN NON-CASH AND ITS CONSEQUENCES ON HEIRS
In binding the sale and purchase agreement between two parties must be carried out and obeyed in accordance with Article 1338 paragraph (1) of the Civil Code states that an agreeme...
HAK WARIS ANTARA PARA AHLI WARIS YANG BERBEDA AGAMA DENGAN PEWARIS MENURUT HUKUM WARIS ISLAM
HAK WARIS ANTARA PARA AHLI WARIS YANG BERBEDA AGAMA DENGAN PEWARIS MENURUT HUKUM WARIS ISLAM
AbstractMarriages that have different religions can cause the offspring born from the marriage to follow a different religion. The change of religion of one or more family members ...
PERLINDUNGAN HUKUM TERHADAP ANAK ANGKAT YANG MENERIMA WASIAT TERKAIT SENGKETA PARA AHLI WARIS MENURUT HUKUM PERDATA
PERLINDUNGAN HUKUM TERHADAP ANAK ANGKAT YANG MENERIMA WASIAT TERKAIT SENGKETA PARA AHLI WARIS MENURUT HUKUM PERDATA
Abstract : When someone dies, the inheritance process arises, and is regulated by inheritance law, inheritance law functions to regulate the transfer of a deceased person's assets ...
Juridical Analysis of Notary Responsibilities Relating to Deed of Sale and Purchase Binding Agreement (PPJB) that Causes Disputes
Juridical Analysis of Notary Responsibilities Relating to Deed of Sale and Purchase Binding Agreement (PPJB) that Causes Disputes
The purpose of this research is to analyze and find out: 1). The Notary's responsibility in making the sale and purchase binding agreement (PPJB) that he made. 2). The solution to ...
Uncooperative Heirs and Ignored Inheritances
Uncooperative Heirs and Ignored Inheritances
<p><span>Heirs can be categorized by how they respond to their inheritances. Most heirs gladly accept their inheritances. Others, for various reasons, disclaim their in...
Kepastian Hukum Akta Jual Beli yang Dibuat Pejabat Pembuat Akta Tanah Mengandung Cacat Secara Materil
Kepastian Hukum Akta Jual Beli yang Dibuat Pejabat Pembuat Akta Tanah Mengandung Cacat Secara Materil
The phenomenon occurring in society regarding deeds of sale and purchase drawn up by land deed officials that contain material defects is certainly contrary to what is stipulated b...

