Legal Literacy - Understand the legal power of a Private Deed as evidence in court. Discover how to legalize a deed and increase its evidentiary power.

Private Deed and Its Validity

A deed is a writing and/or agreement that explains a legal act for the parties. In general, this deed is in the form of a letter that has been signed, containing information about events or matters that are the basis of an agreement.

Deeds are distinguished into two forms, namely Authentic Deeds and Private Deeds. Authentic Deeds as based on the Civil Code Civil law (Civil Code) Article 1868 explains that an authentic deed is a deed made in the form stipulated by law and/or made before a competent public official at the place where the deed was made.

Meanwhile, a Private Deed is a deed that is made not before or without the intermediary of a competent official, the deed is only made and signed by the parties as in line with Article 1874 of the Civil Code.

In general, Private Deeds have been widely made and used in various agreements such as lease agreements, debts, buying and selling, and others. Private Deeds are made validly and binding on the parties who make them.

The requirements for a Private Deed are the same as the requirements for a valid agreement in general, namely the agreement of the parties, the capacity of the parties making the agreement, the existence of an object of the agreement, and a lawful cause that is not contrary to morality and public order. As long as the valid conditions of the agreement are met in the Private Deed, the agreement is binding on the parties, so it is obligatory to carry out the rights and obligations in the agreed agreement.