LEGAL REVIEW OF THE VALIDITY OF BACK-DATED AGREEMENTS ACCORDING TO AGREEMENT LAW IN INDONESIA
DOI:
https://doi.org/10.65244/jlp.v1i1.168Keywords:
Validity , Agreement, Back Date AgreementAbstract
The legal basis of a valid contract according to the Civil Code is regulated in Article 1338 of the Civil Code, namely that all formal contracts apply as law for the parties thereto. From this article it can be concluded that there is a principle of freedom of contract, but this freedom is limited by the law of coercion, so that the contracting parties must submit to the law of coercion. The legal consequences of a previous contract for the parties to the contract can be terminated by one of the parties who submits a request for cancellation, a demand for a refund or even a claim for compensation if misstatements and errors are found in the contract and the backdated date. The validity and date of withdrawal of physical evidence of the contract, it is necessary to first examine the conditions for the validity of the contract, which must meet the prerequisites ( agreement of the parties), although Article 1321 of the Civil Code emphasizes the validity of the contract itself, which must not be the result of error, coercion or fraud.
Downloads
Downloads
Published
Issue
Section
License
Copyright (c) 2025 Journal of Law Principles
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
Authors who publish with Jurnal Legislasi dan Pembentukan Peraturan Perundang-undangan agree to the following terms:
- Authors retain copyright and grant the Jurnal Legislasi dan Pembentukan Peraturan Perundang-undangan right of first publication with the work simultaneously This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License. that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal.
- Authors can enter into separate, additional contractual arrangements for the non-exclusive distribution of the published version of the work (e.g., post it to an institutional repository or edit it in a book), with an acknowledgment of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) before and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.
