Faizal Kurniawan, - and Xavier Nugraha, - and Luisa Srihandayani, - (2020) Implementing The undue influence Doctrine (Misbruik Van Omstandingheden) as a Reason for Annulment of Agreement in Indonesia : An Evolution of the Law Through Court Decisions. Talent Development & Excellence, 12 (1). pp. 3035-3047. ISSN 18869-0459

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Abstract

The law often lags behind with the development of society. It also applies to contract law. One of which concerning the doctrine of undue influence (Misbruik van omtandingheiden) as a new ground for the annualment of agreement in Indonesia. However, the undue influence Doctrine has not been regulated in the Indonesia Civil Code. As a result, The sources of the law on the undue influence doctrine are limite to doctrine to and court decisions. The Paper Will discuss; Fistly, indicators of the doctrine of undue influences as a basis to see the rationale behind the judgment of the Judges. Secondly, the development of the application of the doctrine of undue influencethrough court decision in Indonesia. Both of these will be analyzed based on legal research using the statutory, conceptual and case approach

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