通过和平协议解决巴厘传统遗产争端

A. Agung, I. N. Sukandia
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引用次数: 0

摘要

被认为不公平的遗产和遗产分配往往是争议的根源。发生的争端有时可以通过在争端双方之间达成和平协议来解决。当然,各方所期望的和平是希望结束争端/冲突,并在有争议的国家中提供法律确定性。然而,有时有争议的国家之间达成的和平协议在法庭上再次受到争议。本研究旨在探讨巴厘传统遗产之争议,如何透过双方订立具约束力的和平协议来解决。本研究采用的方法是规范法研究,采用成文法方法和案例方法。这项研究的结果表明,通过绑定巴厘本土继承纠纷的解决当事人的和平协议,使其如果和平协议是基于协议的有效性作为民法第1320条规定,基于诚信原则的法律协议,并且必须在公证行为的形式是依照本法规定调解的民法典的第三本书。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
DISPUTES SETTLEMENT OF BALI TRADITIONAL INHERITANCE THROUGH PEACE AGREEMENT
The inheritance and the division of inheritance that is felt to be unfair is often a source of dispute. The disputes that occur can sometimes be resolved by making a peace agreement between the disputing parties. The peace desired by the parties is, of course, expected to end disputes/conflict and to provide legal certainty among those in dispute. However, sometimes peace agreements that have been made between those in dispute are disputed again in court. This study aims to examine the settlement of Balinese traditional inheritance disputes through a binding peace agreement between the parties make it. The method used in this study is a normative legal research, using a statute approach and a case approach. The result of this study showed that the settlement of Balinese indigenous inheritance disputes through a binding peace agreement of the parties that make it if the peace agreement is made based on the validity of the agreement as stipulated in article 1320 of the Civil Code, based on good faith as the principles in the law of the agreement, and must be made in the form of a notary deed is in accordance with the provisions for conciliation in book III of the Civil Code.  
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