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All Journal IJoASER (International Journal on Advanced Science, Education, and Religion) Jurnal Al-Qiyam Jurnal Tana Mana
Suhendi, Muhammad Pradikta
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Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences

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The Validity of Agreements Made Without Authority: A Juridical Study on the Principle of Legitimacy in Civil Law Suhendi, Muhammad Pradikta; Astutik, Sri; Widodo, Ernu
International Journal on Advanced Science, Education, and Religion Vol 8 No 1 (2025): IJoASER (International Journal on Advanced Science, Education)
Publisher : Sekolah Tinggi Agama Islam Al-Furqan, Makassar - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33648/ijoaser.v8i1.1129

Abstract

This article explores the legal consequences of agreements entered into by individuals or entities lacking proper legal authority to act on behalf of another party. Within the framework of Indonesian civil law, especially as outlined in the Kitab Undang-Undang Hukum Perdata (Civil Code), the validity of such agreements is subject to strict requirements concerning consent, authority, and legal competence. The study highlights the distinction between void and voidable contracts, emphasizing the legal implications of agreements made ultra vires or without representation. By examining doctrinal legal principles and relevant case studies, this paper demonstrates how the absence of authority affects the binding power of a contract, and under what conditions a third party may be held liable. The analysis also touches upon the principle of good faith, apparent authority, and ratification as possible legal remedies. This research contributes to a clearer understanding of the boundaries of legal representation and the protection of contractual rights in civil transactions.
The Validity of Agreements Made Without Authority: A Juridical Study on the Principle of Legitimacy in Civil Law Suhendi, Muhammad Pradikta; Astutik, Sri; Widodo, Ernu
International Journal on Advanced Science, Education, and Religion Vol 8 No 1 (2025): IJoASER (International Journal on Advanced Science, Education)
Publisher : Sekolah Tinggi Agama Islam Al-Furqan, Makassar - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33648/ijoaser.v8i1.1129

Abstract

This article explores the legal consequences of agreements entered into by individuals or entities lacking proper legal authority to act on behalf of another party. Within the framework of Indonesian civil law, especially as outlined in the Kitab Undang-Undang Hukum Perdata (Civil Code), the validity of such agreements is subject to strict requirements concerning consent, authority, and legal competence. The study highlights the distinction between void and voidable contracts, emphasizing the legal implications of agreements made ultra vires or without representation. By examining doctrinal legal principles and relevant case studies, this paper demonstrates how the absence of authority affects the binding power of a contract, and under what conditions a third party may be held liable. The analysis also touches upon the principle of good faith, apparent authority, and ratification as possible legal remedies. This research contributes to a clearer understanding of the boundaries of legal representation and the protection of contractual rights in civil transactions.
The Validity of Agreements Made Without Authority: A Juridical Study on the Principle of Legitimacy in Civil Law Suhendi, Muhammad Pradikta; Astutik, Sri; Widodo, Ernu
International Journal on Advanced Science, Education, and Religion Vol 8 No 1 (2025): IJoASER (International Journal on Advanced Science, Education)
Publisher : Sekolah Tinggi Agama Islam Al-Furqan, Makassar - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33648/ijoaser.v8i1.1129

Abstract

This article explores the legal consequences of agreements entered into by individuals or entities lacking proper legal authority to act on behalf of another party. Within the framework of Indonesian civil law, especially as outlined in the Kitab Undang-Undang Hukum Perdata (Civil Code), the validity of such agreements is subject to strict requirements concerning consent, authority, and legal competence. The study highlights the distinction between void and voidable contracts, emphasizing the legal implications of agreements made ultra vires or without representation. By examining doctrinal legal principles and relevant case studies, this paper demonstrates how the absence of authority affects the binding power of a contract, and under what conditions a third party may be held liable. The analysis also touches upon the principle of good faith, apparent authority, and ratification as possible legal remedies. This research contributes to a clearer understanding of the boundaries of legal representation and the protection of contractual rights in civil transactions.
Co-Authors Ernu Widodo, Ernu SRI ASTUTIK