Oral and Written Agreements

Agreements can be made in written form or by oral means. Article 1320 of the Civil Code regarding the validity of oral agreements does not regulate the form of an agreement, so that in making an agreement, the community is free to determine its form. Oral agreements also have the legal force to bind the parties who make them, as long as they fulfill the legal requirements of the agreement in Article 1320 of the Civil Code.

However, unlike written agreements that use deeds, oral agreements do not use deeds. Therefore, oral agreements are usually more risky when there is a default by one of the parties.

Relationship between Binding, Agreement, and Contract

In general, obligations can arise from various sources, including agreements. Therefore, agreements are one source of obligations.

In the context of civil law, agreements are the most common source of obligation. Agreements can give rise to contractual obligations, namely obligations arising from the agreement of two or more people.

Meanwhile, a contract is an agreement made in writing. Contracts are a special form of agreement, and not all agreements are contracts.

The difference between an engagement, an agreement, and a contract

Here is a table of the differences between an engagement, an agreement and a contract:

[ninja_tables id="16598"]

Reference

*This article is the personal opinion of the author and does not represent the views of the editorial staff of Literasi Hukum Indonesia.

That is the explanation of the relationship between engagement, agreement, and contract in the Law of Treaties and Civil Law.

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