Legal Literacy - Understand the Relationship between Engagement, Agreement, and Contract in Contract Law and Civil Law. Learn about the legal requirements for oral and written agreements and their implications in the event of default. This article provides a comprehensive understanding of important aspects of the legal world.

By:Defian Putri Tiara

Before answering whether there is a relationship between engagement, agreement, and contract, let's first analyze the meaning of each of the three.

Engagement

According to BW or the Civil Code, an engagement is a legal relationship between 2 or more parties where one party is entitled to performance while the other party is obliged to carry out that performance. Article 1233 of the Burgerlijk Wetboek (BW) regulates the sources of engagement, which can stem from agreement and legislation.

In Article 1233 of the Civil Code it is stated that each engagement is born either because of an agreement or because of legislation. This indicates that an engagement is born because of an agreement or legislation; in other words, legislation and agreement become the sources of engagement.

Agreement

Article 1313 of the Civil Code explains that an agreement is an act in which one or more people bind themselves to one or more other people. From the formulation of this Article, it can be concluded that an agreement in this context is an agreement that gives rise to an engagement or an obligatory agreement. An agreement produces legal consequences desired by the parties involved.

Prof. Subekti, S.H. in his book "Law of Agreement" states that the relationship between engagement and agreement is that the agreement gives rise to an engagement. An agreement gives rise to an engagement in addition to other sources.